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

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[2] [19] Joshua Jones

3 P. Rhinelander

4 Anthony Lynar

5 Nathaniel Smith

6 Mr. Somendyke
J. Burford

7 D. Hagerty

8 Philip Rhinelander

9 John Deitz

10 F. C. Julian

11 W m & G. Post
W. F. Watts

12 B. Pell
Geo. Ellis

13 B. Pell
Amos Dexter

14 Samuel Kelly
Peter Barry

15 D. M c Clarin




5 Whitehall St. do.



Anthony St. do.

Read & West Sts. do.

Wooster St. do.

Theatre Alley do.

Elm St.



Cherry St.



do.



a privy



do.



do.



Water St. do.

Pearl & Elm Sts. a Lot.

(signed) Geo. Cuming

City Inspector.



[20] He also, on the petition of Joseph Pell, Reported :

" That on the 14 th day of June last Mr. Pell was ordinanced to
empty a privy and fill it with earth to either make a new one 3 feet
from any of the adjoining lots or to substitute tubs. The Ordinance
expired the 25 th of June. Mr. Pell, however, bled the privy, as it is



554 CITY OF NEW YORK 20 Sept. 1819

termed, instead of casting the contents into the river. Hence on the
3 d of July the City Inspector thought it his duty to send the Ordinance
to the Attorney of the Board.

" From the Affidavits annexed to Mr. Pell's petition it should ap-
pear that he has since corrected the evil and the Board will determine
whether under the statement of facts herein set forth the penalty
should be remitted."

(signed) Geo. Cuming

City Inspector.

A motion was made that the fine be remitted on payment of costs.
The question being taken thereon it passed in the negative.

[21] The Counsel presented the draft of a Contract with Haviland
Weeks which was directed to be executed.

The Counsel, to whom was referred the petition of Heir of Chapin
Ward, reported:

" That Chapin Ward, a mariner, did die intestate and that the
public administrator took out administration upon his goods and
chattels : That the proceeds of these amounting to 254 dollars & sixty
six cents have been paid into the City Treasury : That his legal repre-
sentatives are Phoebe Hill the Wife of Adam Hill & George Ward, and
that George Ward is entitled to one half of the said sum and that
Henry D. Sedgwick is by attorney authorised to receive the same.

" The Counsel and Comptroller therefore respectfully recommend
the adoption of the following resolution :

" Resolved that a Warrant for One hundred and twenty seven
dollars 33 cents issue in favor of Henry D. Sedgwick as [22] attorney
for George Ward upon his giving a bond to the satisfaction of the
Comptroller to save the Corporation harmless."

(signed) O. Edwards. Counsel

G. N. Bleecker Compt.

which was approved & the resolution adopted.

The Counsel to whom was referred the petition of Charles M c Carty,
reported :

"That on the 13 th April 1807 Charles M c Carty obtained a lease
from the Corporation of a lot of ground at the corner of Cherry
and Roosevelt Streets which lot was therein described as bounded in
the rear by a lot of ground heretofore leased by the Corporation to
Jedediah Waterman and as containing 20 feet front & rear and in
length 71 feet be the same more or less.



20 Sept. 1819 COMMON COUNCIL MINUTES 555

" Mr. Waterman's lease bears date in the year 1804 and is de-'
scribed as containing 75 feet 10 inches in length. It appears from a
Survey made by Edward Doughty one of the City Surveyors that Mr.
[23] Waterman's lot extends only 75 feet 10 inches in length and that
Mr. M c Carty is in possession of a lot of but Sixty six feet in length.
Mr. M c Carty's lot of course falls short of the extent described in his
lease five feet. It has been settled by adjudications of the Supreme
Court of this State that when land is sold by limits and bounds that
they are to govern and that the grantee has no remedy if the ground
falls short of what is mentioned in the Deed provided the boundaries
are correct. It is contended by Mr. M c Carty and admitted by Mr.
Waterman that he once paid to Mr. Akerly, who formerly leased the
property from the Corporation which is now leased to Mr. M c Carty,
an annual rent for the use of the five feet now claimed by him. Mr.
Waterman says that he was induced to do this in consequence of Mr.
Akerly's claiming it, but that upon having it surveyed and finding that
he had no more ground in his possession than was described in his lease
he refused to pay any rent for it.

[24] He also contends, and nothing is made to appear to the con-
trary, that not only himself but a Mr. Van Zandt who formerly leased
the same ground from the Corporation always had the five feet in
question in their possession.

" Under these circumstances the Counsel is induced to think that
the boundaries as contended for by Mr. Waterman are correct and
that Mr. M c Carty has no legal claim to the five feet in question.

" With respect to the small gore along Roosevelt Street the Counsel
for the same reasons is of opinion that Mr M c Carty has no legal
claim to it farther than to the rear of the lot in his occupation. This
gore is described as being bounded southerly by a piece of ground being
in front of a lot of ground heretofore leased to Jedediah Waterman,
and altho' it is described as extending 71 feet in length yet as the
boundaries must govern he has no legal claim to a greater extent than
to Mr. [25] Waterman's ground.

" The Counsel is also of opinion that Mr. M c Carty has not any-
just claim to the premises in question farther than to Mr. Waterman's
line. Mr. M c Carty was in the occupation of his lot before he oft-
tained his last lease. He consequently knew the extent of it. He
could not have been deceived by the incorrect description of its length.
He must have been sensible that the Corporation did not intend to



556 CITY OF NEW YORK 20 Sept. 1819

lease him ground which had already been leased to Mr. Waterman or to
lease any part of the Street lying in front of his lot."

(signed) Ogden Edwards,
which report was approved.

The Alderman and Assistant of the Second Ward in performance
of their visiting duty to the Alms' house and Penitentiary Establish-
ments, Reported:

' That in their examination of these Establishments they have
found them in [26] general in such order and condition as reflects
credit on their Superintendants. An improvement as to the cleanliness
of the Alms' house Establishment is certainly obvious, tho' perhaps
there is still room for additional improvement in relation to this
important particular.

1 The children in the Penitentiary are now kept separate from older
offenders and considerable attention is paid in teaching them the
common branches of Education: but as these unfortunate young cul-
prits, if they ever so far reform as to obtain an honest livelihood, must
obtain it by manual labour it may be doubted whether it would not
be for their benefit and the interest of the community that they should
be employed in such manner as to give them habits of manual industry
and the knowledge of some trade rather than exclusively to occupy
their time in school.

" In relation to the Female Lunatic [27] apartments they are
certainly not as spacious and comfortable as could be wished : fortu-
nately their number is not great. We think the Corporation will find
it advisable to remove this class of lunatics, as well as the male lunatics,
to the Hospital when the buildings of that establishment shall be exten-
sive enough to accommodate them : and it certainly will be for the
advantage of the patients who cannot be properly provided for or
attended to in either the Penitentiary or Alms house. The removal
of the lunatics will give additional room, which is already required, as
the paupers at the present time much exceed those of the preceding
years at the same season. The want of work & employment for the
ensuing season will no doubt greatly add to the present increased
numbers.

' Emigration is a fruitful source of pauperism to the City. The
State at large, or rather the agricultural part of it derive all the benefit
of immigration, while the expences and evils are entailed on our City.
[28] The subject deserves the particular attention of the Corporation:
and perhaps it would be advisable to appoint a Committee to obtain



20 Sept. 1819 COMMON COUNCIL MINUTES J557

all the facts in relation to foreign immigration to the City, the pro-
portion of them who become chargeable to the Community and the
expences of their support, with a view to present again this subject
to the consideration of the Legislature."

(signed) E. W. King
" Sam 1 Stevens.

which was directed to be filed, and it was resolved that agreeably to
the suggestion in the report a Committee be appointed to obtain the
facts in relation to foreign immigration to this City, the proportion of
those who become chargeable & the expences of their support with a
view to present this subject to the consideration of the Legislature.
The Committee appointed were Alderman King Mr Stevens Alderman
Kip.

[29] The Finance Committee, to whom were referred the several
petitions of Mead Darrow, Catharine & John Minuse and the congre-
gation of Sherath Israel, reported :

" That as the Corporation are merely acting as agents of 1 the
parties for collecting the Assessments and paying them over to the
persons damaged by the improvement the petitioners can have no claim
for the indulgence required. Your Committee have nevertheless good
reason to believe that to press the payment of the money at this moment
would be the cause of great inconvenience, if not a sacrifice of the
property interested, and they therefore, in consideration of the peculiar
situation of our City recommend that an extension of time be granted
and offer the following resolution accordingly :

" Resolved that the time for the payment of the amount assessed on
the property of Mead //[Djarrow be extended to the 1 st day of Sep-
tember 1820, and on the amount assessed on the property of John
Minuse to the [30] 1 st day of December next; and on the amount
assessed on the property of Sherath Israel to the 14 th day of March
1820: and that interest be charged on the several amounts for the time
thus allowed."

(signed) S. Allen
B. Crane
J. Hammond
S. P. Brittain
John Hone
which was approved & the resolution adopted.

The Committee on Public Offices, on the petition of Captain James
Gillender, reported:

" That they believe the circumstances are correctly stated in the



558 CITY OF NEW YORK 20 Sept. 1819

above mentioned letter and your Committee are of opinion that the
penalty should be remitted and that the costs should also be remitted if
the writ was issued after Captain Gillender had given the bonds, but
as Captain Gillender was to blame in not calling between the 17 th and
31 st of August at the Mayor's Office [31] we think he should pay the
costs if the writ was issued previous to the 31 st of August. They offer
the following resolution:

" Resolved that the penalty in the case of Captain Gillender be
remitted : but that he pay costs of suit if the writ was issued previous
to the 31 st of August, but not otherwise."

(signed) S. Stevens
T. Bolton
B. Crane
W. A. Davis
J. Morss
which was approved & the resolution adopted.

A Letter was received from John J. Howe, dated the 20 th instant,
resigning his office as House Physician to the Alms' House. Where-
upon Resolved that his resignation be accepted.

The Recorder presented a law entitled " A Law to prohibit for a
limited time the sale of Old clothes and bedding within the City of
New York ' which was read by paragraphs and passed.

[32] Alderman Morss presented a law entitled " A law to repeal a
law entitled ' a law for the appointment of a City Intendant and pre-
scribing his duties " which was passed.

The following resolution was presented by Alderman Morss and
adopted :

" Resolved that there shall be three Street Inspectors appointed by
this Board to be subject to the direction of the Street Commissioner
who shall divide the City into three districts and assign to each of the
said Inspectors his respective district :

And that it shall be the duty of the said Street Inspectors to attend
unto and perform all the duties heretofore performed by the City In-
tendant as well as the duties heretofore performed by the Street In-
spectors in their respective districts :

And that the said Inspectors shall be allowed each Two dollars per
day including Sundays for their services."

The Board proceeded to choose the persons [33] to fill the said
offices when Jonathan Pinkney, Samuel Hutchings and Abraham
Ackerman were chosen.



20 Sept. 1819 COMMON COUNCIL MINUTES 559

Alderman King, agreeably to a recommendation of the Board of
Health, presented the following resolution, which was adopted :

" Whereas it is the duty of the Watchmen during the present sea-
son to remain in the City and attend to the performance of their duty,
and particularly to guard the property of such of the inhabitants as
have temporarily removed therefrom : And whereas the said Watch-
men in the performance of their duty may endanger their health : As
an inducement, therefore, for the said Watchmen to remain at their
posts, it is

" Resolved that in case any watchman shall become sick during
the present season and by those means unable to attend to his duty,
such Watchman shall be furnished with medical assistance at the ex-
pence of this Board and his regular pay shall be continued [34] not-
withstanding his inability to perform such duty."

On motion of Alderman King

" Resolved that a warrant issue in favor of Pierre C. Van Wyck
Esqr. for Five hundred dollars on account of his bill of fees heretofore
presented to the Board of Supervisors."
Alderman Kip presented the following:

" Resolved that the Street Commissioner be and he is hereby au-
thorised to extend the contract with John Anderson for building an
' L ' on the South side of the Pier now building at the foot of Vesey
Street in like manner as the ' L ' now contracted for on the North
side of said pier."

The Comptroller reported.

Balance in Treasury 6th j ns t $48. 18

Received for Excise 300.

[35]" " Police Office 383.34

" Rents 6014.44

" Streets 6784.46

" Wells & Pumps 20.

" City Stock subscription 100,750.

Loan of Mechanics' Bank 51,000. 165,300.42



77 Accounts Audited.

Anderson & Leake Watch 1st dist 1142.75

Hibberd & Clark do. 2d do 707.

Bleakley & B rower do. 3d do 413.

Philip Becanon Inspector of bread 1 qr's Salary 10th

instant 95.60

Andrew Van Orden Keeper of Battery 1 mo. 19th inst. 45.
O. Edwards Counsel drawing contracts, leases & costs

of suit 229.09



560 CITY OF NEW YORK 20 Sept. 1819

Grattan & Banks printing 250 charters 112.50

John Wells retaining & argument fee in the case of R.

Livingston 75 .

[36] Col. James B. Murray expences of escort for Gen.

Jackson 20.

G. Sickels for officers conveying persons to Bridewell

1 qr. 28th Aug 132.50

David Lyon balance of award on Market street 986.24

Patrick Phelan balance of award on Market Street 367.40

Henry Harman balance of award on Market Street 307.88

Mrs. M c Dermot balance of award on Market Street 241.49

Robert Watts balance of award on Market Street 205.50

Richard Barton balance of award of Market street.... 159.53

George Buckmaster balance of award on Market street 67.50

Felix Cunningham balance of award on Market Street 51.30

Jonas Mapes balance of award on Market Street 40.74

[37] Samuel Dayton balance of award on Market Street 34.73
Benjamin Stephens & W m L. Lippencot Award on

Grand St 2800.

Thomas Clarkson do. do 2550.

John Fleming Attorney for Jacob Halsey Award on

Grand St 1460.

Samuel Thompson do. do 900.

Matthew Byrne do. do 795 .

Jacob Tier balance do. do 737.65

Jno. C. Kingsland do. do 619.

Stephen N. Bayard Award to J. H. M^Intosh & Wife-
Award on Grand St 38.

James Vincent Award on Grand St 12.

Jno. R. Livingston do. Anthony St 393.81

Jno. G. Bogert balance do. do. ' 145 .02

Hugh Smith on account paving Anthony St 500.

Thomas A. Emmet Award for 6 th Avenue & Carmine

St 340.

Samuel Jones Jr. Award for the Sixth Avenue & Car-
mine Street 73 .

[38] Executors of Philip Jacobs award on Oliver Street. 5215.
W m B. Crosby executor of Mary M<=Crea Award on

Oliver St 4665.

John Hyslop Award on Oliver St 4456.

Sam 1 Cheesman do. do 3380.

Sarah Johnson do. do 2400.

Matthew Carvey do. do 2200.

Geo. Jacobs do. do 1700.

Saml Torbert by his agent John McKay balance award

on Oliver Street 1654.81

Thos. Burlock Award on Oliver St 1110.

J. Rice do. do. 1035.



20 Sept. 1819 COMMON COUNCIL MINUTES 561

Rachel Hart & Caleb Pell executors of J. Cheesman

Award for Oliver Street ............................. 1010.

Moses Leon Award for Oliver St ....................... 1000.

John M c lntyre Administrator of Peter M c Cullen dec d

award on Oliver Street .............................. 870.

Henry Rutgers balance on Award for Oliver Street ..... 644.

[39] Phoebe Beach Award Oliver St .................. 500.

Joseph Hunt do. do ................... 370.

Moses Frazyer do. do ................... 250.

Mrs. Byrnes do. do ................... 140.

Luke Linnon do. do ................... 50.

Esther Anderson Award for Carmine Street ........... 2178.

David Dunham Award Carmine St. . , ................. 453.

Thos. Robertson do. do .....................

Thos. Freeborn do. do. 67.

John M c Comb St. Commissioner for paving-stones ..... 1000.

Charles Mooney on account paving Division street ...... 400.

Pinkerton & Forgye on account paving Hammond St... 200.

William Bailey on account regulating North St .......... 200.

Jno. Bailey pav. & repav. Intersections ................ 174.55

Abraham Stagg for flagging at the Centre Market ...... 138.53

John Culbert balance paving Beach street .............. 90.21

[40] Robert Pettigrew 1 st Instalment in Cannon St ..... 65.71

Jno. Gallagher 1st Instalment Well in Henry St ........ 55.68

Sam! Jones Jr. Award for 4 th St ........................

Jno. Randel Jr. on account Maps &c. 9 th ward .......... 434.

Arthur Quin filling pub. ground at King St. North river 1000.
Thos. & Geo. Lovett repairs dock at Fulton St. North

river ............................................. luV ou

Thos. Barnum Supg Wharves 24 days to 19 th inst ...... 48.

Jacob P. Roome Superintend, of repairs for repairs

piers No. 5. 7. 20 and bulkheads ...................... 1666.

J. P. Roome Sup* of repairs for repairs ................ 900.

Leonard Kip Esqr. to pay M. Crosby for Thirteen casks

Oil ................................................. 754.65

Stephen Allen Esqr. Treasurer of Board of Health ...... 1000.

[41] The President, Directors & Co. of the Mechanics'

Bank 3 bonds ........................................ 99,984.37

Richard Furman Superintend, of Alms' house .......... 4750. 165,269.04



Balance $31.38

Adjourned to meet this day fortnight.



562 CITY OF NEW YORK 4 Oct. 1819

[42] In Common Council Oct. 4. 1819.

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

Aldermen Assistants.

John Hone Thomas Bolton

Elisha W. King Samuel Stevens

Leonard Kip Hermanus Tallman

John P. Anthony Benj n Crane

John Morss Jno. J. Westervelt

Robert M c Queen Shivers Barker

Asa Mann Steph. P. Brittain

Jacob B. Taylor David Board

George B. Thorp W. A. Davis

Judah Hammond

The Minutes of last meeting were read & approved.

His Honor the Mayor laid before the Board the Calendar of per-
sons confined in the Bridewell together with the following abstract of
the same :

[43] '' The [re] were, as appears by the within Return 54 persons in
confinement in the City Prison at the date hereof, of whom 1 is
charged with perjury : 4 with Grand Larceny : 6 petit larceny, 2 of
whom are indicted and their trials postponed at their solicitation: 5
assault and battery, several of whom are under sentence : 1 committed
by the magistrates of the Police Office under the Statute relative to
persons abandoning their families : 1 misdemeanour under sentence :
13 committed and sentenced as vagrants : 1 for examination : 5 pau-
pers for transportation to their last place of settlement by the Com-
missioners of the Alms' House : 1 disorderly : 2 for keeping disorderly
houses, one of whom is sentenced : 7 under sentence to be sent to the
penitentiary according to their sentences: 4 paupers. Total 51. 3
prisoners under the authority of the United States, 1 for murder under
sentence of death to be executed on the 29 th inst. & 1 of them for
piracy Total 54. The Mayor has visited [44] the prison and found it
in the usual good order."

All which is respectfully submitted,

(signed) Cadwallader D. Colden.

A petition was received from Cyrentts Beers, stating that 106 bar-
rels of flour were shipped to him from Alexandria for sale by a house
at that place : that the same were presented by him to Adam Mill, In-
spector of Flour at this port for inspection : that upon examining the
same he found them deficient in weight to the amount of 382 pounds



4 Oct. 1819 COMMON COUNCIL MINUTES 563

on the whole number of barrels : that the wrong (if any was intended)
was not committed either by petitioner or by those who shipped them
to him upon whom the penalty if inflicted will fall and praying remis-
sion of the same : whereupon the same was referred to Aldermen King
Westervelt Parker

[45] A Communication was received from Thomas Eabanks, ex-
plaining a mode of constructing privies and water closets in public and
private buildings which will prevent the noxious effluvia generally
arising from such places which was read and referred to Aldermen
M c Queen Taylor Mr. Hammond.

A Memorial was presented from several members of the New York
Bar and others, stating that the room at present occupied by the Reg-
ister of the City and County was not sufficiently spacious to give the
necessary accommodation for the keeping of the Records and recom-
mending that another more spacious room be assigned to him, which
being read was referred to the Committee on Public Offices.

A petition from Patrick Caulfield and Patrick Toole of this City
merchants, stating that they have been prosecuted on a charge [46]
of using light weights and measures : that the present Sealer regulated
their measures in June last and by an accident they were altered but
are now again regulated and praying relief. Whereupon the same was
referred to the Committee on public Offices.

A petition from sundry Inhabitants that a lamp may be placed in
the alley leading from White Street to Franklin Street was read and
referred to the Lamp Committee.

A petition of Israel Langdon for remission of a penalty incurred
by his Son by disorderly conduct on the Battery and for which his
son, has suffered an imprisonment of one week, was read and the fine
remitted on payment of costs.

Petitions were received from William Bath for a stall in Fly Mar-
ket: from William Somerville for a Stall in Spring Street Market:
from John J. Fink and [47] Isaac Vaughan to be permitted to ex-
change with each other Stalls No. 12 & 14 Washington Market, and of
J. G. Trosler and Esther Baldwin for hucksters' Stands in Washing-
ton Market were severally read and referred to the Market Com-
mittee.

A petition from John Hatfield, stating that he is a licensed cart-
man ; that his cart being out of repair he made use of his son's to cart
two or three loads, and that he has been prosecuted by the Attorney
therefor and praying relief was referred to the Committee of Charity
with authority to remit the penalty if in their opinion proper.



564 CITY or NEW YORK 4 Oct. 1819

A petition of Dr. William J. Belden to be appointed to the office of
Resident Physician of the Alms' house accompanied with a recommen-
dation of the physicians & surgeons of the State prison, was read and
laid on the Table.

[48] A petition of Manuel Joseph to be permitted to construct a
cistern in the street in front of his house No. 8 Bancker Street in the
4 th Ward, was read and referred to the Alderman and Assistant of the
Ward and Street Commissioner to report.

A petition of James Brooks in behalf of the Estate of Richard
Speaight praying a speedy determination respecting the opening of
First Street from the Bowery to Broadway, was read and referred to
the Street Committee.

A petition of Patrick Monaghan for remission of fine for selling
liquor on the Sabbath was read and referred to the Police Committee.

A petition for a Well and Pump near the corner of Burton and
Bedford Streets was referred to the Alderman and Assistant of the



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