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

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a Well and pump in Spring Street near Thompson Street and Abra-
ham Baudouine, Benjamin Prince and John Brower were appointed
Assessors in each.

He also presented the following Assessments, which were con-
firmed : for a Well & Pump in Lombardy Street near Walnut Street,
and Morris De Camp was appointed Collector; for regulating and
paving Liberty Street from Greenwich Street to the Bulkhead, for



27 Dec. 1819 COMMON COUNCIL MlNUTES 669

regulating Bleecker Street and Herring Street from M c Dougall to
Carmine Street, for paving Barclay Street from Washington to West
Street, and for repaying Washington St. from Barclay to Vesey Street
and John G. Betts was appointed Collector in each.

He also presented returns of Delinquents on the following Assess-
ments : for paving Carlisle Street, for paving Cedar Street, for paving
[314] Washington Street, from North Moore to Watts Street, for
paving Washington Street from Cedar to Carlisle Street, for paving
Greenwich Street from Cedar to Albany Street and for paving Green-
wich Street from Albany Street toward Carlisle Street and a Warrant
was ordered to issue to John G. Betts for collecting the same.

He also presented a return of Delinquents on the Assessment for
paving the Bowery from Broome to North Street, and a Warrant was
ordered to issue to Morris De Camp for collecting the same.

He also presented a profile of Dover Street and one of Gold Street
between Beekman and Fulton Streets to be laid before the Commis-
sioners of Estimate and Assessment for improving those Streets :
which profiles were approved & confirmed.

[315] The Counsel presented the following:

The Counsel herewith respectfully submits for execution a deed
to William H. Ireland and a deed to Leonard Kip and Henry E.
Ingraham. These deeds are for parts of two lots of land fronting on
Dey Street between Washington and West Streets which were pur-
chased by Philip Brasher and James Farlie from the Corporation but
for which they have not received a deed, and the deeds now submitted
are made out as before mentioned at their request.

Also a Contract with Richard Lough for lighting the City with gas,
which has been prepared in pursuance of an order of the Board.

Also a Law relative to the Excise and a Memorial to the Legisla-
ture.

(signed) O. Edwards, Counsel.

Whereupon Ordered that the said deeds be duly executed, that the
Contract with Lough, as amended be executed, and that the Memo-
rial be duly authenticated and transmitted, together [316] with the Bill
to the Legislature at their ensuing Session.

The Watch Committee presented a communication respecting Reu-
ben Clark, Captain of City Watch, incapacitated in their opinion from
performing the duties of Captain of the Watch by the loss of one of
his legs, which was read and laid for consideration.



670 CITY or NEW YORK 27 Dec. 1819

The Finance Committee presented a report on the Finances of the
City, which was read, laid for consideration and directed to be printed
for the use of the members.

The same Committee, on the petition of the Reverend John Hanning
& Alexander, his son, reported :

That they are informed and believe that the petitioners have kept
a respectable school in said tenement for nearly two years, and it being
[317] the opinion of your Committee that the neighbourhood are ac-
commodated by said School and that the rent paid by the petitioners
is equitable in amount, they recommend the following resolution :

Resolved that the prayer of the petitioner be granted.

(signed) S. Allen J. Hammond

S. P. Brittain B. Crane
J. Hone.

which was approved & the resolution adopted.

The Police Committee, on the petition of Underbill and Dusenberry,
reported :

That the petitioners have incurred the penalty established by law for
selling liquor without the excise licence. On examining into the circum-
stances attending this case, the Committee have been fully satisfied
that the offence has not proceeded from design but from an unjusti-
fiable neglect in applying for a licence. The Committee feel satisfied
that no similar cause of [318] complaint will ever obtain against the
petitioners. They beg leave to offer the following resolution :

Resolved that the penalty incurred by the petitioners for selling wine
or other liquor without a licence (so far as this Corporation are in-
terested in such penalty) be remitted on payment of costs.

(signed) T. Bolton
S. Allen
S. Stevens
G. B. Thorp

which was approved & the resolution adopted.

The Committee on Public Offices, on the report of the Attorney of
complaints against William Frost and Raymond Chanfraud, reported:

That they think it proper that the Attorney should proceed on the
within complaints if he has the necessary evidence to substantiate them.



27 Dec. 1819 COMMON COUNCIL MINUTES 671

[319] They therefore offer the following Resolution:
Resolved that the Attorney proceed on the within complaints, if he
has the proofs necessary to substantiate them.

(signed) S. Stevens
B. Crane
J. Morss
T. Bolton

which was approved & the resolution adopted.

The same Committee, to whom was referred a communication from
the Attorney, complaining that his fees against the Street Contractors
had not been paid, Reported :

That during the past season a great number of complaints were
made against the Street Contractors and in the early part of the Sea-
son they were much harrassed by them. The Board then directed that
no suits be commenced against them unless under the direction of this
Committee. The Committee, considering that the Contractors were
performing their contract to the utmost of their power, [320] directed
the Attorney to inform the Contractors when any complaints were
made against them but to commence no suits without the direction of
the Committee. Under these instructions the Attorney communicated
from time to time the various complaints to the Contractors. It is
for this service, principally, of entering the complaints and communi-
cating the notices to the Contractors that the Attorney renders his
Bill of about 315 dollars. It is proper to observe that this Bill is made
out in conformity to the letter of the standing Resolution of the Board.
The circumstance of there being a large number of these complaints
and a general direction that there be no suits commenced and the fact
that several of these complaints were usually included in one note
or notice is probably sufficient to make it proper that the [321] Bill
should be made up on other principles than charging $5. in each case.

But your Committee are decidedly of opinion that, whether the
whole or part of this is paid, the Street Contractors should be relieved
from the payment of it altogether.

The Contractors have already paid the Court costs in all the suits
commenced against them, and a variety of circumstances have rendered
their Street contract a very losing concern. Under all the circum-
stances, your Committee would offer the following resolutions.

Resolved that the Street Contractors be relieved from the payment
of the Attorney's fees mentioned in this Report.

Resolved that the Attorney be allowed the sum of One hundred



672 CITY OF NEW YORK 27 Dec. 1819

and fifty dollars for the fees on the complaints against the Street Con-
tractors mentioned in this report.

(signed) S. Stevens. J. Morss. B. Crane.

which was approved, the resolutions adopted & a Warrant directed to
be reported for payment thereof.

[322] The Committee of Assessments, on the petition of E. Whea-
ton to remit part of the tax assessed on a School House No. 163 Chat-
ham Street, reported :

That they see no reason why School houses should be exempt from
paying taxes when they are built by an individual for his own interest.
Your Committee know of no such law which entitles the petitioner to
such a claim, nor can they think it reasonable. Therefore your Com-
mittee beg leave to offer the following Resolution :

Resolved that it is inexpedient to remit any part of the tax assessed
on the school house of E. Wheaton.

(signed) J. J. Westervelt
J. Morss
J. P. Anthony
Thomas Bolton

which was approved & the Resolution proposed adopted.

[323] The same Committee, on the petition of John G. Bogart, Re-
ported :

That they have had the Collector with the books before them and in
examining the books and other papers they are fully satisfied, in their
minds, that the tax is not paid. Your Committee, therefore, beg leave
to offer the following resolution :

Resolved that it is inexpedient to remit the tax which was assessed
on the property of John G. Bogart in the year 1812.

(signed) J. J. Westervelt
J. Morss
J. P. Anthony.

which was approved & the Resolution adopted.

The same Committee, on the petition of Junius Hatch, reported:
That they have faithfully enquired into the circumstances set forth
in the petition and are of opinion that the complaint is well grounded
and that %s. of the tax ought to be remitted. Therefore your [324]
Committee beg leave to recommend the following resolution :



27 Dec. 1819 COMMON COUNCIL MINUTES 673

Resolved that the Collector collect % of the tax assessed on him
for the year 1819 & that % be remitted.

(signed) J. J. Westervelt
J. Moss
J. P. Anthony
T. Bolton

which was approved & the resolution adopted.

The Committee on the Fire Department, on the petition of William
Sleter, reported :

That they have examined the building, that the matters set forth in
his petition are true, and they are of opinion the prayer of the peti-
tioner ought to be granted. They respectfully offer the following
resolution :

Resolved that the prayer of William Sleter be granted.

(Signed) J. P. Anthony
H. Tallman

which was approved & the resolution adopted.

[325] The same Committee, on the petition of the Fire Wardens re-
specting Fire buckets, Reported:

That your Committee have had the same under consideration and
are of opinion that Fire Buckets may be dispensed with, as the gen-
eral use of hose supersedes the use of them. They respectfully offer
the following Ordinance :

Be it ordained by the Mayor, Aldermen and Commonalty of the City
of New York, in Common Council convened, That so much of the Law
for preventing and extinguishing fires passed the 5 th day of May 1817
as relates to Fire Buckets be and the same is hereby repealed.

(signed) J. P. Anthony
H. Tallman
J. J. Westervelt
S. Stevens

which was approved & the Ordinance read & passed.

The same Committee, on the petition of the Trustees of the New
York Free School [326] Society, Reported :

That your Committee have had the petition under consideration and
are of opinion, as this Board gives them the use of the room and have
not consented to the expence they have incurred by putting up the
said Blinds, that it would be establishing a bad precedent to pay the



674 CITY or NEW YORK 27 Dec. 1819

said Bill and therefore the prayer of the petitioners ought not to be
granted. They respectfully offer the following resolution :

Resolved that the prayer of the Trustees of the New York Free
School Society ought not to be granted.

(signed) J. P. Anthony

H. Tallman
which was approved & the resolution adopted.

The Street Committee and Counsel, to whom was referred back
their report on the communication of the Counsel respecting Lispenard
Street, [327] reported in favor of continuing said Street to Broadway.
The question being taken thereon, it passed in the negative.

The Street Committee, on the petition for extending M c Dougall
Street, Reported:

That they have been informed by Mr. Ireland & by Mr. Ludlow,
thro' whose land the extension of M c Dougall Street must pass (as
prayed for by the petitioners) that they are ready and willing to cede
the land that will be requisite for said Street. They, therefore, sub-
mit the following resolution :

Resolved that the Counsel be instructed to prepare a deed of ces-
sion for that purpose and to see it executed.

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

which was approved and the resolution adopted.

[328] The same Committee, on the petition for extending Grand
Street, reported that the same ought to be done & offered the follow-
ing Resolution :

Resolved that Grand Street be opened and extended from Laurens
to Sullivan Street, of the same breadth as it is at present at Laurens
Street, and that the Counsel be instructed to take measures to carry
the same into effect.

(signed) J. B. Taylor
A. Mann
S. P. Brittain
S. Parker
J. Morss

which was approved & the resolution adopted.



27 Dec. 1819 COMMON COUNCIL MINUTES 675

The Police Committee, on the petition of Duncan M c Farlan, re-
ported :

That they have heard Mr. M c Farlan and also the Inspector who
seized the Bread, and the Committee are under the painful [329] ne-
cessity of saying that Mr. M c Farlan has not even the shadow of claim
for relief.

They think the penalty ought to be enforced & they beg leave to
offer the following resolution :

Resolved that the prayer of the petitioner ought not to be granted.

(signed) T. Bolton
S. Allen
S. Stevens
G. B. Thorp

which was approved and the Resolution adopted.

Alderman Allen presented " A Law to amend a Law making pro-
vision for the redemption of the City Stock " which was read &
passed.

Alderman Morss presented " a Law to amend a Law entitled a
Law to regulate Sales at auction in the City of New York " which
was read and passed.

A Resolution was presented referring to the Committee on Appli-
cations to the Legislature [330] to enquire into the expediency of
applying for a law to appoint a Commissioner to hold sittings in the
City of New York on issue joined in the Supreme Court. Where-
upon the same was laid on the Table.

On motion of Alderman Allen.

Resolved that John Fleming Esqr. be, and he is hereby appointed
Treasurer or Chamberlain for this City for the ensuing year, and that
he give the requisite sureties to be approved by the Chairman of the
Finance Committee and the Comptroller.

Resolved that his Honor the Mayor be requested to cause a Letter
of Attorney to be duly executed to the agent appointed by the Finance
Committee to proceed to Washington on the subject of the claim of
this Corporation against the United States.

[331] The Comptroller reported:

Balance in Treasury 20th i ns t 85.12

Reed for tax 1819 2* 7* 10* Wards 3000.

" Streets 4350. 7435.12



676 CITY OF NEW YORK 3 Jan. 1820

18 Accounts Audited.

Anderson & Leek Watch 1st district 1167.25

Hibberd & Clarke do. 2d do 731 .50

Bleakley & Brower do. 3 d do 462.

Jno. Jackson Jr. examine reports & making register of

Alien passengers 118.

B. W. Rogers Treas r Humane Society 300.

L. Kip Esqr. 17 Casks Oil bought of Alexander Ray 1522.90

C. Mooney on ace 1 paving Bowery from Broome to North

St 500.

H. Cochran on ace* pavg Washington St. from N Moore

to Watts St 300.

Pinkerton & Forgye on acct. pavs B'Way 300.

James Meghan balance paving lower end of Chamber St.. 213.86

Pinkerton & Forgye paving lower end of Cedar St 200.

Jno. Bailey, on ace 1 pave Varick St 200.

[332] Hugh Smith, on acct. pavs Carlisle St 200.

Pet. Debaun. on ac* reg. M c Dougal St 150.

H. Smith on ac* pav. Washington St. from Dey toward

Courtland St 100.

Jno. Bailey on ac* pav. Harrison St 100.

C. Corbley do. do. Essex St 100.

Jas. Meghan for earth along side public ground in Collect

St. 22.50 6688.01



Balance $747.11
Board adjourned to Monday next 5 o'clock.

[333] In Common Council Jan. 3. 1820.

Present The Hon. Cadwallader D. Colden Mayor President.
Aldermen. Assistants.

John Hone Thomas Bolton

Leonard Kip Samuel Stevens

John P. Anthony Benjamin Crane

John Morss John J. Westervelt

Robert M c Queen Shivers Parker

Asa Mann Stephen P. Brittain

Jacob B. Taylor David Board

George B. Thorp William A. Davis

Stephen Allen Judah Hammond.

The minutes of last meeting were read & approved.

His Honor the Mayor stated that he had been served with a sub-
poena from the Court of Chancery, in a Suit instituted in that Court
by Herman Le Roy and others against the Corporation : that Mr.



3 Jan. 1820 COMMON COUNCIL MlNUTES 677

Jones had proposed in a letter accompanying the subpoena that [334]
the Corporation should employ a Solicitor to appear in the Suit and
that he should be instructed to receive a notice of a motion for an
application to the Chancellor for an injunction and to argue before
the Chancellor the question whether an injunction should issue. It
was thereupon

Resolved that the Counsel of the Board appear to the said Bill and
assent to the proposition of Mr. Jones, if in the judgment of the Coun-
sel it would be to the interest of this Board so to do.

An account of Judah Hammond Esqr. late Public Administrator,
with the Corporation was presented & referred to the Finance Com-
mittee.

A petition of Silvanus J. Penniman respecting a penalty incurred
by him for laying his vessel in the Fly Market [335] Slip, was read
and leave given petitioner to withdraw his petition.

A memorial from sundry inhabitants in the vicinity of the Bowery
and First Street complaining of depredations committed there in the
night and praying a watchman may be stationed there, was read & re-
ferred to the Watch Committee with power.

A memorial of Thomas Lovett respecting his contract for filling
& regulating Dey Street from Washington Street to the Bulkhead was
read & referred to the Finance Committee.

A memorial from Christopher Blockberger on the subject of the
great decay of spiles used in Bulkheads and recommending a remedy
for the same, was read & referred to the Committee of Wharves,
Piers & Slips.

A communication was received from the Reverend Mr. Stanford,
giving a statement [336] of his services and of the condition of the
Schools &c. at Bellevue, was read, and so much of the same as re-
lated to the education of poor children was referred to the Committee
on the subject of making laws &c. for the penitentiary. The Report
was ordered to be filed, and it was referred to the Committee on Pub-
lic Offices to report a compensation to Mr. Stanford for his services.

A Report was received from the Collector of Arrearages of taxes,
accompanied with a list of delinquents which was read and referred
to the Finance Committee with power.

The Street Commissioner presented an Assessment for paving
Thompson Street from Spring to Broome Street which was con-
firmed and John G. Betts appointed Collector.

[337] He also, on the petition of the inhabitants in the vicinity of
James Street complaining that said Street was encumbered by a Mr.



678 CITY OF NEW YORK 3 Jan. 1820

Lambert for the purpose of constructing a Vault, reported that the
necessary measures having been first taken to remedy the evil and the
regulations thereof having, to his regret, not been complied with, he
had reported the case to the Attorney of the Board.

Whereupon the same was referred to the Street Committee & Street
Commissioner with power.

He farther presented a communication, stating that the side walks
in the Bowery, on account of regulating & paving therein, were in an
impassable state, and recommending that an Ordinance be passed com-
pelling the delinquents to pay for the contemplated regulation by
having the expence assessed on them respectively which being read
was referred to the Street Committee.

The Committee on the petition of S. S. Ed- [338] monston, Re-
ported :

That Mr. Edmonston has explained to them the principles of his
Machine and they are of opinion that the prayer of the petitioner
ought to be granted. Therefore

Resolved that his Honor the Mayor be requested to grant Mr. Ed-
monston permission to use his Machine for the purpose of cleaning
chimneys and that he be allowed to demand and receive the same com-
pensation as is allowed by law.

(signed) Robert M c Queen

John Hone
which was approved & the resolution adopted.

The Committee on the Fire Department, to whom was referred the
report of the Chief Engineer, Reported :

That your Committee concur in the recommendation of the Chief
Engineer so far as relates to Old [339] Engine No. 24 and the Hose at-
tached to her and 40 Buckets being deposited at the New Alms' House.
They respectfully offer the following Resolution :

Resolved that the Chief Engineer be, and he is hereby directed to
cause Old Engine No. 24 and the hose attached to her to be put in
good repair and also 40 buckets of those belonging to this Corporation
to be deposited at the New Alms House.

(signed) Jno. P. Anthony
Robert M c Queen

which was approved & the Resolution adopted.

The Counsel, on the petition of William Craig, Reported: That
Edward Rogers left a Will which has been duly proved & recorded in
the Office of the Surrogate of this City:



3 Jan. 1820 COMMON COUNCIL MlNUTES 679

That George Hall was appointed his Executor and that George Hall
has duly authorized William Craig to receive the balance due from
the Corporation on account of Edward Rogers' estate. The Counsel
[340] therefore recommends that the Comptroller be instructed, upon
receiving the usual Bond of indemnity, to prepare a Warrant in favor
of William Craig for the balance due from the Corporation on account
of the estate of Edward Rogers.

(signed) Ogden Edwards, Counsel.

which was approved and the Comptroller directed to prepare a War-
rant in favor of Mr. Craig for the balance due from the Corporation
on account of the Estate of Edward Rogers, upon receiving the usual
Bond of indemnity.

The Attorney presented sundry reports on complaints submitted
to him which were referred to the Committee on Public Offices.

The Report of the Committee on Applications to the Legislature on
dividing the Mayor's duties and the [341] resolution presented by Al-
derman Allen on appointing a First Judge of this County, which had
been laid for consideration on the 20 th of December last, were called
up and agreed to in the words following:

' Report of the Committee.'

In the opinion of your Committee it is a matter of much moment to
the good people of this City to have a permanent First Judge, of
competent abilities, to preside in their Court of Common Pleas.

In the formation of this opinion your Committee have not been in-
fluenced by any personal inducements. Their deliberations have been
guided by considerations grounded on principles of practical utility
and the necessities of the people ; and they wish expressly to be un-
derstood that this report is not intended to have any personal bearing.
On the contrary, your Committee are of opinion that the season of
peace and prosperity, when the morals of the people are pure and
reason unobstructed in her course, [342] is the most fit time to estab-
lish the foundations of an independent judiciary.

In the completion of this end, it was in the opinion of your Com-
mittee very desirable to avoid any increase of the public burdens, al-
ready much too great ; and, in the consideration which they have been
enabled to give the subject, it has appeared to them that the best mode
of obtaining the object sought for will be by relieving the Mayor from
the duty of presiding as First Judge in the Court of Sessions, the Court
of Common Pleas and also from holding the Court of Exchequer : that
the Recorder should preside in the Sessions, and that there should be



680 CITY OF NEW YORK 3 Jan. 1820

appointed a First Judge in & for the City and County of New York,
to preside in the Court of Common Pleas and to hold his office during
good behaviour or until 60 years of age, [343] and also to have the
like powers as a Commissioner as the Recorder : and that the organiza-
tion and style of those Courts should respectively remain as they are
now, except as to the presiding judges: that in the sickness, absence or
inability of the First Judge, the Recorder should preside in the Court
of Common Pleas, and in case of the sickness, absence or inability of
the Recorder, the First Judge should preside in the Court of Sessions.

Your Committee are aware that this system will not give perma-
nency to the Presiding Judge in the Court of Sessions, but they have
not perceived that the public voice has yet been exerted to that pur-
pose & they have not deemed it expedient to go farther than public
sentiment seemed to require.

They have also considered the subject in regard to the compensation
to be secured to the First Judge & the Recorder, and it appears to



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 10) → online text (page 58 of 65)