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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 11) online

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to bite any person or animal.

5 th And be it further ordained, That any person who shall hinder
or molest the said Register and Collector, or other person or persons
to be appointed as aforesaid, in carrying into effect the provisions of
this Ordinance, shall forfeit and pay the sum of One hundred Dollars
for each offence.

Upon the question of agreeing to the same, it was carried in the
Affirmative. The Ayes and Noes having been called by M r Davis
were as follows :

Affirmative. M r Recorder, Aid" Hone, Aid. King, Aid. Morss
[370] Ald n M c Queen, Ald n Mann, Ald n Allen, M r Bolton, M r Stevens,
M r Crane, M r Westervelt, M r Parker, M r Brittain, M r Board. 14

Negative. Ald n Anthony, Aid" Thorp, Ald n Taylor, M r Tallman,
M r Davis, M r Hammond. 6

Whereupon the same was ordered to be published in the papers
employed by the Board.


The Counsel stated that as the Petitions to the Supreme Court for
improving certain streets are not yet prepared, he recommended that
they be authenticated in the Recess of the Board, which was agreed

The Counsel and Street Commissioner to whom was referred the
Petition of the Manhattan Company, Reported:

That the matters stated in their Petition, are in the opinion of
the undersigned, correct. That the sum of Three hundred and
sixty seven Dollars and Twenty four Cents paid by the Petition-
[371] ers on account of the Assessments for opening the Eighth,
Ninth and Tenth Avenues, was paid under an erroneous impression,
that they had purchased in at a public sale the property upon which
the sum was assessed: when in fact, thvy had only purchased other
property, which had been assessed for opening Twenty Eighth Street.

The undersigned are therefore of opinion, that the sum together
with the interest thereon should be repaid the Petitioners, that the
property upon which that sum of money was Assessed, should be
advertized for sale in pursuance of the Act.

Respectfully Submitted

Ogden Edwards

Jno. M c Comb, S* Commiss 1 "

Which was approved, and the property directed to be advertized
for sale as recommended.

The Ferry Committee on the Petition of Rodman Bowne, Reported
in the words following,

The Committee on Ferries to whom was referred the Petition
of Rodman Bowne Lessee of Catherine [372] Slip Ferry, setting forth,
that the Common Council on the fifth day of January 1818. passed a
Resolution to extend the Lease of the said Ferry to him for the same
Term as the Fulton-Slip Ferry had been granted for the New- York
and Brooklyn Steam Boat Ferry Company on condition that the Pe-
titioner should place on his Ferry, another good and sufficient Horse
Boat, to be propelled by at least Eight horses, within one year from
the first day of May then next ; And that the Petitioner had com-
plied with the condition of the said Resolution and praying that the
Common Council would appoint a Committee to examine the said Boat,
to the end, that he might receive the grant according to the terms
of the said Resolution, Report:

That the facts set forth in the said Petition are true, and that
your Committee have examined the Boat built by the Petitioner, and

106 CITY OF NEW YORK l May 1820

find her to be such an one as was contemplated by the Resolution
referred to in the said Petition ; in addition to which Your Commit-
tee beg leave to state, that your Petitioner has within a [373] few days
launched another new and elegant Team Boat intended for the use
of his Ferry.

Your Committee are therefore of opinion, That the Petitioner is
entitled to an extension of his grant, according to the true intent of
the said Resolution, and they respectfully submit for the considera-
tion of the Board the following Resolution :

Resolved, That this Common Council do approve the Team Boat
built by Rodman Bowne Lessee of Catherine-Slip Ferry, pursuant to
a Resolution of the fifth January 1818, and that the said Rodman
Bowne is entitled to an extension of his grant of that Ferry, according
to the provisions of said Resolution: and that the Counsel of the
Board prepare such grant and report the same at the next meeting
of this Board.

All which is respectfully submitted

signed E. W. King
Asa Mann

Which was approved and the Resolution adopted.

[374] The Committee on Public Offices to whom was referred the
petition of the Inhabitants of Vesey Street in relation to Auctions,
Reported :

That the practise and custom of occupying the streets of the City
by the Sales at Public Auction, of goods and merchandize by retail
is improper, in as much as it uses public property to the exclusive
benefit of the Auctioneers. Your Committee think that there should
be an exception of furniture on account of its great bulk, particularly
where the same is second-handed, or has been used.

Your Committee offer the following Resolution :

Resolved, That the Counsel of the Board prepare an Ordinance
and present the same to the Board, prohibiting the Sale at Auction of
all goods and articles of Merchandize, excepting second-hand furni-
ture, in any part of Vesey Street, from and after the first of June

All which is Submitted

Samuel Stevens
signed John Morss

Thomas Bolton

[375] Which was approved and the Resolution adopted.


The Market Committee on the Petition of Jacob Hanske for Stall
N 7 Spring Street Market, Reported the following Resolution,
Resolved, that the prayer of the Petitioner be granted.

Harm 5 Tallman

I. J. Westervelt
signed. V i TT

John Hone

Stephen Allen

Which was approved and the resolution adopted.

The Committee on Assessments to whom was referred the Assess-
ment for the Sewer in Clarkson, Carmine Street and the sixth Avenue,
and the remonstrance of Thomas and Gulian Ludlow Reported :

That they have examined the Assessment and heard the Assessors
in explanation of the principles by which they were governed it [in]
making it out, they have also heard the objections of the M r Ludlows,
as to the amount assessed on their [376] property. One of their
objections is, that they are charged on two acres of ground more than
they own; in the Map furnished the Assessors, their ground is repre-
sented at 19 2 %oo Acres, and for which they are assessed upwards of
Six Thousand Dollars, by a certificate exhibited by the M r P. Lud-
lows and furnished by one of the Surveyors who made the Map, the
same ground is represented as containing only 17 1 %oo Acres, being
more than two Acres less ; here it appears is an error, the Committee
therefore recommend the adoption of the following Resolution:

Resolved, that the Assessment for the Sewer in Clarkson and Car-
mine Street and the Sixth Avenue, together with the Petition of
Thomas and Gulian Ludlow and the Surveyors Certificate be referred

back to the Assessors.

J. J. Westervelt
signed John Morss

John P. Anthony

Which was approved, the Resolution adopted and the report and
accompanying documents directed to be transmitted to the Assessors.

[377] The report of the Committee on the Fire Department on the
Petition of Fire Engine Company N 13 was called up, and being read
was as follows :

The Committee on the Fire Department to whom was referred the
Petition of Fire Engine Company N 13 stating that their Engine was
imported from England in the Year 1740. and that from some defect
in the machinery owing to age and long service cannot be made from
her suctions to draw a sufficient quantity of water to supply any other

108 CITY OF NEW YOKK 1 May 1820

Engine. That the chambers are smaller than a great majority of the
Engines, whereby much water is lost in playing in line to extinguish a
fire; that the Box and Machinery of said Engine are heavy and
unwieldy, and runs very hard, whereby the other Engines have a
decided advantage in repairing to a fire, notwithstanding the spirited
exertions of the Company to arrive at the place in time to be service-
able, which it is the ambition of the Company to be; Report, That
your Committee have had the said Petition under consideration, and
made [378] the necessary enquiry, and find the statement of the Peti-
tioners true ; they further state, that they have been offered four hun-
dred Dollars for Engine N 13 and have taken the opinion of Mess rs
Hardenbrook & Smith as to the value of said Engine, and they state
that the above sum is a fair price. The Committee are of opinion
that the public interest requires that the spirit of emulation among the
Firemen should be encouraged as far as a due regard to a judicious
economy will permit.

Respectfully Submitted

Resolved, That the Chief Engineer is hereby empowered to dispose
of Engine N 13 for the sum of not less than Four hundred Dollars.

Resolved, that after the Sale of Engine N 13, the Chief Engineer
is hereby directed to procure a New Engine of the usual size for
Engine Company N 13.

Signed John P. Anthony

Hermanus Tallman

Whereupon the Resolutions therein proposed were adopted.

[379] The Report of the Committee on Public Offices to whom
had been referred the petition of Mess rs Hitchcock's which was pre-
sented on the 17 th Ultimo and laid for consideration, was now called
up and being read was as follows.

The Committee on Public Offices to whom was referred the accom-
panying petition of Mess rs Edward & D. M. Hitchcock, praying that
the Corporation make them some allowance or abatement on their
contract for sweeping the Streets for the Years 1818. and 1819. and on
their contract for the Slips for the Year 1818. Beg leave to Report:

That they have had this application of the Mess rs Hitchcock's under
consideration for a considerable length of time and have paid to it
that attention which its importance both in a pecuniary pomt of view,
and as involving nice principles for the present and future government
of the Board appeared to require. Your Committee do not hesitate to
say that when they first considered this application, that it was their
opinion that the parties must abide by their contracts, whether the same


proved a gaining or a losing [380] concern. This must and ought to
be the case under all common and usual circumstances, and should only
be deviated from in most unusual and extraordinary cases; unusual
and extraordinary circumstances exist in relation to these contracts,
and they are of such a nature as have led your Committee to the
conclusion that the petitioners are entitled to relief.

The leading circumstances which have governed your Committee,
they detail to the Board. The most prominent of these circumstances
is what is usually termed the alteration of times.

These contracts were entered into in March 1818; a period when
our Citizens were carrying on business on an extensive scale and as
they presumed in a lucrative manner: the Corporation about that time
taking the advantage of the favorable aspect of trade, increased their
rates of slipage fifty p r Cent, and these Contractors influenced also by
the same cause, not only gave a sum which was fiity p r Cent more than
the year preceding but added to it the sum of 3000 Dollars, on account
of a further supposed increase of business.

[381] The Amount of their contract being 42,750 Dollars, when
that of the preceding year was but 26,500 Dollars; the Board will
remember that instead of business increasing, that from that time their
came on a rapid decline, the Tonnage of our Vessels greatly dimin-
ished and Insolvencies prevented the collection of a considerable part
of every description of debts. In this embarrassed state of affairs
money became more valuable, which circumstance, together with the
increased rate of Slipage led the Owners of some Vessels to make
private bargains for the use of individual property, instead of frequent-
ing with their Vessels the public Slips ; this operated seriously on the
petitioners in diminishing their Receipts.

That money is at least twenty-five p r Cent more valuable than at
the period that these contracts were entered into cannot be doubted.

The petitioners have been obliged to reduce the price of Street
manure from five to three shillings a load, and the farmers appear
unable to buy even at that price; Your Committee conceive that the
increased value [382] of the money which the Petitioners pay into
the Board is a strong circumstance in favor of relieving them on both
contracts. The Board can and ought to make this money go much
further than money w r ould go in 1817. There are some circumstances
in relation to each of these contracts, that entitle the Petitioners to
some allowance even on strict principles of Justice. Many of the
members of the Board will remember that in the winter of 1817. & 18
the Board agreed to take the extensive Basin at the foot of Roosevelt

110 CITY OF NEW YORK 1 May 1820

Street previous to the receipt of the proposals for leasing the Slips,
which proposals were made up, no doubt, by the Petitioners and others
under a full conviction that they would be in the receipts of the
Wharfage of that Slip for the whole of the ensuing year, but questions
of Law delayed the acquisition of this property until after their con-
tract had expired, so, that they received from it no income whatever.
The Petitioners have valued the annual receipts of this Slip in their
accompanying statement at 3000 Dollars.

[383] Under the Street contracts the Petitioners supplied, at the
request of the Board of Health a Cart for each ward for several weeks
during the Yellow Fever of the last summer, for which there has been
no charge made.

The existence of the fever depopulated a considerable portion of
the lower part of the City, which of course prevented the collection of
the manure there, and the same calamity prevented to a considerable
extent the Boats from taking manure on board in any part of the City,
from the fear of taking the infection.

But these and other causes occasioning loss under these contracts
are more fully detailed in the Contractors statement to the Committee.
By the statement referred to, which is duly sworn to by the Con-
tractors, it appears that they have suffered from the various causes
mentioned, under their Slip contracts for the Year 1818. the sum of
4,250 Dollars That is, they will be so much out of pocket if they are
held to pay the amount of that Contract, and no allowance made for
their not having the Slip [384] at the foot of Roosevelt Street, but
your Committee think they are entitled under all the circumstances to
an abatement on this Contract to the amount of the 3000 Dollars, the
supposed value of that Slip.

The price which the Contractors gave for the Street Contract, was
much larger than the Board anticipated, and far beyond the offer of
any other individuals and under all the circumstances which have been
mentioned, the Committee have concluded to recommend to the Board
to divide the loss with the Contractors under this Contract. This loss
appears satisfactorily to your Committee to amount to the sum of
7,793 7 %oo Dollars for the two Years; the one half of which is
3.896 s % oo Dollars.

Your Committee offer the following Resolutions, Resolved, That
the Comptroller on the final settlement of the Slip contract for the
Year 1818. credit the Contractors the sum of 3,000 Dollars as an abate-
ment made by the Board for the reasons above mentioned.

Resolved, That the Comptroller on the [385] final settlement of


the Street Contracts for the Years 1818 & 19 credit the Contractors
the sum of 3, 896 s % oo as an abatement made by the Board on this

All which is Submitted.

Samuel Stevens
Signed John Morss
B. Crane
\Y in A. Davis

The question being taken on agreeing to the first Resolution, it was
carried in the affirmative, the Ayes and Noes having been called by
Alderman Mann were as follow- :

\fiirmative. Alderman Hone, Aid. King, Aid. Anthony, Aid.
Morss, Aid. M^Jueen, Aid. Taylor, Aid. Thorp, Aid. Allen, M r Bolton,
M r Stevens, M r I Yam-. M r Parker, M r Board, M r Davis, M r Ham-
mond. 15.

Negative. Alderman Mann. M r Urittian. 2.

The Question was then taken on the second [386] Resolution and
carried in the Affirmative, The Ayes and Noes having been called by
Alderman Maim were as on the former vote. The question was then
taken on the Resolutions and agreed to.

The Report of the Watch Committee which was presented on the
13 th oi" March last, and laid for consideration was now called up, and
being read was in the words following ;

The Watch Committee to whom was referred the subject of
reducing the pay of the City Watchmen on a Petition of the Inhabi-
tants praying to have the present pay of the Watchmen continued,
Report :

That they have had the subject under their consideration and are
of opinion that the arduous duties of the Watchmen if they are faithful
in their duties give them a claim on the City for the Amount they
receive for their services, which compensation, we believe is not more
than they ought to receive; but we are of opinion that one of the
Assistants to each of the Cap- [387] tains in the first Watch District
may be dispensed with ; They therefore offer the following Resolution;

Resolved, that one of the Assistants to each of the Captains of the
Watch in the first District be dispensed with.

Signed. Asa Mann

J. J. Westervelt
Jacob B. Taylor
D. Board.
Which was approved.

112 CITY OF NEW YORK 1 May 1820

Alderman Morss then offered the following Resolution. Resolved,
that the pay of the Captains, Assistants, and Watchmen of the City
Watch be reduced after the 15 th day of May Instant as follows,
to wit,

The Captains from $1 87 Vioo P r night to $1 5 % o

The Assistants from $1 37 Vioo P r ni g nt to $1 12 Vioo and

The Watchmen from 87j/ 2 Cents p r night to 75 Cents.

The Question being taken thereon, it was carried in the Affirmative ;
the Ayes and Noes having been called by Alderman Mann were as
follows ; to wit,

[388] Affirmative Alderman Hone, Ald r King, Ald r Anthony,
Ald r Morss, Ald r M c Queen, Ald r Allen, M r Bolton, M r Stevens M r
Parker, M r Davis M r Hammond. 11.

Negative. Ald r Mann, Ald r Taylor, Ald r Thorp, M r Crane, M r
Westervelt, M r Brittian," M* r Board. 7.

Resolved, That the Salaries of the Assistant Justices and their
Clerks commence and be accounted from the 14 th day of February
last past and that the first quarterly payments be made on the 14 th
day of May Instant.

The following Resolution was presented and agreed to.

Resolved, That the Comptroller be authorised to include in the
Lease to the New York and Brooklyn Steam Boat Company, for the
Slip and premises at Brooklyn, a small strip of land belonging to this
Corporation, and not required for a public Street or highway, laying
between the said slip and the Ferry House in its vicinity.

[389] Alderman Allen presented the following; Resolved, that
the Finance Committee be authorised to employ a person at the expense
of this Board, to assist the Comptroller in opening and arranging a
new sett of Books for his Department.

The Comptroller reported :

Balance in the Treasury April 24th $51 . 15

Rec'd for Vendue Sales 2,500.

Tax of 1819. 4th 6th ;th 9th iQth Wards 14.500.

Canal Street Sewer 500.

Rents 411 .92

Costs &c. Justices Court lt 2d 3d Wards 157.

Mayoralty Fees 84.75

Commutation of Alien Passengers 25 .


12 Accounts Audited.

Anderson & Leek, Watch 1st District $1,167.25

Hibberd Clark, Watch 2d District 756.

Bleakly & Brower, Watch 3d District 462.


N. Philips, Advertizing arrears of Tax in National Advo-
cate $200.

Holly Waterbury, work at Mud Machine 12 days to 30 th

April 96. 15

[390] Daniel Biggs work at Lamps 1 Quarter 1 s * May 42.37

H. Abel return of purchase money of Lot of Benj n Armi-

tage sold by mistake, ordered by the Board 24 th April.. 70.67

Daniel Donocho Ace 1 of a Well in Elizabeth Street 54.28

James Pinkerton repairing pavement at Rutgers Slip 25.90

John Hillyer repairing Cross Walk at Peck Slip 6.72

Richard Varick Bond due 1 s * Inst 1 ? 540.

John Fleming Treasurer to pay 31 s * Dividend City Stock

1st Instant 13,500. 17,921.34

Balance $308.48

Board adjourned to Monday next at 10 Clock.


[391] In Common Council May 8 th 1820.

Present. The Hon. Cadwallader D. Colden Mayor President

Peter A Jay Esq r Recorder

Aldermen. Assistants.

John Hone Thomas Bolton

Elisha W. King Samuel Stevens

John P. Anthony John J. Westervelt

John Morss Harmanus Tallman

Robert M c Queen Benjamin Crane

Asa Mann Shivers Parker

Jacob B. Taylor Stephen P. Brittain

George B. Thorp David Board

Stephen Allen Judah Hammond

The Minutes of last meeting were read and approved.

A Petition of John R. Willis stating that he was duly elected a
Fireman on the 28 th March 1803. but the then Clerk neglected to enter
his appointment on the minutes, and praying that [392] the present
Clerk may be authorised to give him the necessary Certificate of his
time of service. And a similar Petition of Garrit Heyer who was
appointed 28 th March 1803. were read and referred to the Committee
on the Fire Department.

A Petition from John E. Westervelt for the appointment of Resi-
dent House Surgeon to the Alms House, was read and referred to the
Committee of the Alms House, with a request that they would recom-
mend to the Board a suitable person to be appointed to that Office.

114 CITY OF NEW YORK 8 May 1820

A Petition of Richard B. Fosdick offering to reglaze the public
Lamps at 25 Cents p r light, was referred to the Lamp Committee.

A Petition from Francis Depau and James Heard was received,
stating that they are the Owners of the House and Lot of ground
N 585 Broadway formerly the property of George Cleland deceased.
That an Ordinance of the Corporation has been passed ordering the
removal of said House [393] by the first of June next, as it is alledged
the same stands on the Street ; that the same having been leased by
them to Ezra Ludlow for three years yet to come, and praying that
the Ordinance directing said removal may be suspended until the
expiration of the time abovementioned. Whereupon Resolved, that
the execution of said Ordinance be suspended for the period above
mentioned on the petitioners executing an agreement stipulating that
the said House shall be removed at the expiration of the said time.

A Petition for a Well and Pump in Willet near Rivington Street
was read and referred to the Alderman and Assistant of the Ward
and Street Commissioner, to report an Ordinance therefor.

A Petition from sundry Inhabitants, that Hester Street may not be
extended to Green Street, as prayed for by a Petition heretofore pre-
sented, was read and referred to the Street Committee.

A Petition of Stephen Gould, that he may be [394] be employed
to furnish to the newly elected Members the Laws of the State, was
read and referred to the Committee on Public Offices.

The Counsel presented a Report, stating that the Report of the
Committee of Estimate and Assessments for widening and extending
Hannan Street had been confirmed by the Supreme Court, and recom-
mending the appointment of a Collector; Whereupon, the same was
referred to the Committee on Streets.

He also agreeably to order presented the draught of a Law entitled
' a Law to amend the Lav/ to regulate Sales at Auction in the City of
New York " which was passed.

He also presented a Lease to Rodman Bowne for the extension of
his Lease of Catherine Slip Ferry, which was referred to the Ferry

He also presented the following Report of Certificates of Sales of
Lots for Non-payment of Assessments, which Certificates were
directed to be [395] duly executed.

The Counsel herewith respectfully submits for execution, Certifi-
cates of Sale of the property herein after described, for taxes, Viz 1

All that certain lot of land situated in the Second Ward of the
City of New York at N 19 Cliff Street assessed as belonging to N. G.


Ingraham and sold to James Emmott for the term of one year trom
the 18 th April 1822. for the sum of $31 4% 00 being the Amount of
the tax and charges.

Also all that certain house and Lot of land situated in the fifth
ward of the City of New York at N 95 Chapel Street assessed as
belonging to Charles Debevoise and sold to John C. Teal for the term
of three years from the 18 th April 1822, for the sum of $31 9 % o
being the Amount of tax and charges.

Also all that certain other house and Lot of land situated in the

Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 11) → online text (page 10 of 67)