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

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Report. That they are informed the petitioner is the widow [425]
of the late Jonathan Dixon- -That she is left with a large family to
support. That her Estate is more or less incumbered, & that she is
utterly unable to pay the Assessment alluded to. at this time : In con-
^ideration of which, the Committee propose the following Resolution.

Resolved, that the period for paying the assessment on the prop-
erty of Hannah Dixon for regulating & paving Washington & Dey
Streets be extended to the first day of May next, that Interest be
charged for the time thus allowed

Respectfully submitted,

(Signed) Stephen Allen.
Sam 1 Tooker.
B. Crane.
S. P. Brittain.
J. Hammond.

Which was approved & the resolution adopted.

The Special Committee appointed on the 29 th May last to ascer-
tain on what terms the Fort called Castle Clinton could be obtained
for the Public use of the Inhabitants of the City of New York,
reported.

The Committee appointed on the 29 th May last for the purpose of
applying to the Secretary of War at Washington to ascertain on what
terms the Fort called Castle Clinton, the ground on which it stands
might be obtained for the public use of the Inhabitants of this City.
Report.

That they have attempted a discharge of the duty assigned them &
have had communications with M r Calhoun Secretary of War, both



16 Oct. 1820 COMMON COUNCIL MINUTES 353

[426] verbal, & in writing. The following is an extract of a Letter
received from that Gentleman 7 th August last.

Your communication of 10 th June relative to Castle Clinton has
T>een laid before the President for his consideration & direction & I
am directed by him to state in reply, that as far as the Executive
power extends, he readily accedes to the wishes of the Corporation of
the City.

Under the Act of Congress the Executive is invested with power
to dispose of useless military sites, & as the Board of Engineers have
reported that the Position will be useless after the erection of the con-
templated works at the Narrows, the President may under the provi-
sions of the Act of Congress dispose of the same : but it is believed
the desire of the Corporation cannot be effected to their full extent
without the sanction of Congress, the right to sell, it is conceived,
does not comprehend that of gratuitously ceding; even tho' it was
acquired from the State of New York, & the Corporation in that man-
ner. The President proposes (if the Corporation should prefer it to
waiting the meeting of Congress) to make a sale to them of the site,
the price to be fixed by persons mutually appointed for that purpose,
& the payment to be fixed at such a period as to give the Corporation
an opportunity to apply to Congress for the remission of the purchase
money."

Since that period, some of your Committee have had an interview
with the Secretary, while on his late visit to this city, when he still
held the same friendly language, and advised us to make application
to Congress direct for a gratuitous transfer, & promised us his best
services in support of our application, expressing [427] at same time,
his belief that our wishes will be fully gratified. The Committee, there-
fore recommend the adoption of the following resolution. Resolved,

That a memorial to Congress be prepared, expressive of the wishes
of this Board on the subject of Castle Clinton, & that a Committee
be appointed to attend to its presentation, & to its progress in Con-

( Signed.) Sam 1 Tooker.

Rob* Swartwout.
Geo B. Thorp.
Thomas Bolton.
Shivers Parker.

Which report was approved & the resolution adopted.

The President appointed on the Committee proposed by the reso-
lution Aldermen Tooker, Swartwout & Thorp.



354 CITY or NEW YORK 30 Oct. 1820

The Special Committee to whom was referred the petition of Caleb
Crane, complaining of the conduct of Benjamin Westervelt, one of the
Measurers of lime, and of the inefficiency of the law relative to In-
spectors of Lime presented a Report, and recommended the adoption
of two resolutions, the first of which was in the words following."

' Resolved that Daniel Fash be removed from his office of Lime
Inspector, and that the Clerk of this Board serve a copy of this reso-
lution upon him without delay.

The question being taken thereon, it was carried in the affirmative.
The further consideration of the Report and of the other resolution
proposed [428] was postponed until the next meeting of the Board.

M r Hammond presented the following resolution.

Resolved that the Counsel of this Board be requested to examine
the statutes on the subject of the ground near Fulton slip heretofore
intended to have been taken for a Market and to report to the Board
his opinion whether this Board will or not have power to sell the said
Lands in fee simple, as soon as the title thereof shall have been ob-
tained in order to reimburse the expence of acquiring the same title by
virtue of the Statutes now in force on this subject, and that he be au-
thorised to call to his assistance such other Counsellor at Law, in
making up his opinion as he shall think fit.

Which resolution was agreed to.

Alderman Swartwout presented the following resolution which was
adopted

Resolved, that the Street Commissioner be authorised to cause a
stone flagging to be laid down across Chatham Street from the corner
of Frankfort Street to the Park.

[429 and 430 blank]

[431] In Common Council, October 30 th 1820.

Present. The Honorable Cadwallader D Colden, Mayor, President
Aldermen. Assistants.

Samuel looker. Abraham Valentine.

Thomas S Townsend. Harmanus Tallman.

Leonard Kip. Benjamin Crane.

John P Anthony. Charles Town.

Robert Swartwout. Shivers Parker.

Asa Mann. Stephen P Brittain.

David Board. Isaac Emmons.

George B Thorp. Gerard Depeyster.

Stephen Allen. Judah Hammond.

The Minutes of last Meeting were read and approved.



30 Oct. 1820 COMMON COUNCIL MINUTES 355

A petition was received from Daniel Cashman, praying- relief from
a personal tax assessed on him in the 6 th Ward, he having been as-
sessed and paid Tax in the 4 th Ward.

which was referred to the Committee on Assessments.

A petition that Front Street between Oliver Street and Catharine
Street may be paved, was referred to the Street Committee with au-
thority to grant the prayer of the petitioners.

A petition from the Inhabitants of Desbrosses Street, complaining
that from the lowness of Watts Street they are incommoded by the
water [432] from that Street, and praying that it be raised between
Varick Street & Sullivan Street, was referred to the Street Comittee
with authority to grant the prayer of the petitioners.

A petition of David B Kane for remission of fine incurred by not
having his Scale beam and Weights regulated, was referred to the Com -
mittee on Public Offices.

A Memorial from the Field Officers of the First Brigade of New
York State Artillery, stating that they are informed it is in contem-
plation to continue White Street, which will cut off a part of the Ar-
senal yard, and will render it useless as a place of Military parade ; &
as there is no place yet provided for a Military parade ground they
pray the Arsenal yard may be permitted to remain in its present State,
until other parade ground is provided.

Which was referred to the Street Committee.

A further communication from John Leveridge Esquire respecting
placing Stoves in the Court room of the Justices Court of the 7 th &
10 th Ward, was read & referred to the Committee on that subject viz
the Committee of Repairs.

A remonstrance from a number of Inhabitants against digging a
Well in Henry Street as contemplated, was read and referred to the
Alderman & Assistant of the 7 th Ward & Street Commissioner.

[433] A petition of Judah Hammond Proprietor of Lots in Orange
Street, stating the inconvenience arising to himself & neighbors from
the present construction of the gutter in said street, and praying that
the gutter in Orange Street may be continued down the East side of
said street across Bayard Street at the Westerly end, and that the
gutter now across the carriage way of Orange Street be filled up, & the
arch of said street restored, was received and being read was referred
to the Street Committee, with authority to grant the prayer of the
petitioner.

A petition of Wright Carpenter was received stating that he is



356 CITY OF NEW YORK 30 Oct. 1820

Lessee of Lot N 73 Chatham Street, that the house thereon has been
lately damaged by fire, that on account of the shortness of the Lease,
it would not be prudent to erect on the Lot the buildings he contem-
plates, the Lease expiring in 4 years from May next, and praying an
extension of his lease, was referred to the Finance Committee.

A petition from the Inhabitants residing on the second Avenue
praying the same may be paved, was read & referred to the Street
Committee, with authority to grant the request of petitioners.

A petition from Otto Van Tuyl Barberie, praying to be appointed
to some Office under the Corporation, was referred to the Committee
on Applications.

A petition from Joshua Jones & Son for permission to store hemp
at N 103 Front street accompanied by a certificate from Henry Ran-
kin Fire Warden that it might be safely stored there, was [434] read,
and request of petitioners granted.

A Communication was received from Edward M c Laughlin stating
difficulties he had experienced from sundry Tavern keepers who had
refused to take out licence from him, and upon which suits had been
commenced by him, and verdicts found for the Defendants, which
being read, was referred to the Committee on Laws.

A petition from Joseph Hatsel for relief from a fine incurred by
firing a gun in the road was referred to the Police Committee, with
authority to remit the penalty.

A petition from Samuel Nosworthy for permission to construct a
cistern of brick in the street front of N 1 Banker Street was referred
to the Street Committee with authority to grant on the usual terms.

A petition from Hugh Fairley requesting to be informed as to the
right of the Corporation to receive Wharfage for Docks at the end
of streets, was read and leave given to the petitioner to withdraw his
petition

A petition of sundry Inhabitants of Greenwich praying to be per-
mitted to make use of the upper room of the Watch house, corner of
Hudson & Christopher Streets, to assemble in for religious worship,
until an Episcopal Church, which they are about building, can be
erected, was read & referred to the Finance [435] Committee, with
authority to grant the prayer of the petitioners.

A petition of Daniel Fash for reappointment, as a measurer of Lime
was read, & leave given to petitioner to withdraw his petition.

A further petition from John Anderson for compensation for
wharves built at foot of Vesey Street, was presented and referred to



30 Oct. 1820 COMMON COUNCIL MINUTES 357

a special Committee consisting of Alderman Board, Mess rs Brittain,
Emmons, Depeyster & Tooker.

A petition of Daniel Magee praying payment of an Account of
$23. 5 % 00 which he had paid for labor of digging graves at Potter's
field which he could not himself perform, was read, & Ordered that the
Comptroller report a Warrant therefor at the next meeting of the
Board.

A petition that the side walks of Crosby Street may be paved from
Spring Street to Broome Street, was referred to the Street Commis-
sioner with authority to cause the same to be done.

A petition from Samuel Ackerly and others, praying that Higgins
& Parks Contractors for digging out Lombardy Street, may be com-
pelled to perform their Contract was referred to the Street Com-
mittee.

A petition of Alexander M c Clure praying remission of fine for not
having his weights regulated, was referred to the Committee [436]
on Public Offices with authority to remit the penalty.

A memorial from sundry Inhabitants complaining of the fence
of Doctor Mitchell's church corner of Duane & Augustus Streets as
encroaching on the Street was referred to the Street Committee.

A petition of John Turk City Weigher, praying that on account of
indisposition his brother James Turk may be deputed to do the duties
of said Office for him until his restoration to health, was read and re-
ferred to his Honor the Mayor.

A petition of Henry Shop holding stall N 35 Fly market, and
George M c Ewen holding stall N 32 in same Market, praying per-
mission to exchange stalls with each other, was referred to the Market
Committee.

An account of Garrit Sickels keeper of the Bridewell or City Prison,
was referred to the Finance Committee.

The following persons were appointed Fire Wardens & firemen the
Chief Engineer certifying the vacancies.

Fire Warden of 4 th Ward.

William Agnew, Tobacconist N 131 Cherry Street 4 th Ward vice
Dennis H. Doyle Resigned in consequence of his time of service being
expired by law.

Fire Engine Company N 7.

[437] Taylor S 1 John, Last maker, N 13 th Jacob Street 4 th Ward
vice Robert Dean, Resigned Novem r 9 th Reelected July 10 th 1820.



858 CITY OF NEW YORK 30 Oct. 1820

N 9.

Thomas W. Slover, Grocer N 5 South Street 1 st Ward vice William
L. Hardie Resigned.

Phineas B. Carman, Commission Merch 1 N 15 Bridge S l 1 st Ward
vice Henry Van Nest, Resigned.

N 11

Edward N Tailer, Accountant N 14 Gold Street. 2 nd Ward, vice
William Tallman Junior Resigned.

John O Walsh, Clerk, N 26 William Street. 1 st Ward vice Joseph
Pettit Resigned.

N23.

Alexander Hannan, Grocer, N 102. Anthony Street 6 th Ward
vice John Eagle, Resigned.

N 24.

Israel Suydam, Cabinet Maker, Cliff street. 2 nd Ward vice, Isaac
Fairchild Resigned

N36.

Jonathan Fox, Blacksmith, N 62^ Sullivan S l 8 th Ward vice
Isaac J Riker, Enlisted in the United States service.

[438] The City Inspector presented Ordinances for correction of
sundry nuisances which were passed.

The City Inspector respectfully reports the following Ordinances
for correcting Nuisances viz.

N 1. Thomas Egenton, Lessee Cross & Duane Streets a Lot.

2. J. F Delaplaine, Agent Columbia do do

T poepp Xp

3. R Burrows, Occupant, Chapel do " do

4. Archibald Dunlap, Owner Broome Street, do

5. Joseph Parker ditto Grand, do " do

6. Samuel Cowdry, Agent Goerck, do " do

Ditto Owner, do " do

8. William Edgar ditto Delancy, " " do

9. Thomas Farmer ditto Wooster do

10. F Harrison Lessee,

Patrick Rourk Occup* Duane, privy

11. Wm Scott Owner

& J Blank. Occupant,N 147 Pump Street, a privy.

12. William & G Post Owners,

L. Toms, Occupt N 75 James S* do

13. J. Sacket Lessee,

W m Verity Occupt Cherry do do

14. F Child Owner,

A Crygier Occup* 35 Walker do do

George Cumming C r Insp r



30 Oct. 1820 COMMON COUNCIL MINUTES 359

The Street Commissioner presented an Ordinance for a Well &
pump in Vestry Street near Hudson Street which was passed, & Abra-
ham Baudouine, John Brown [er] & John Bedient were appointed
Assessors.

He also presented the following communication.

The Street Commissioner respectfully represents that certain [439]
property belonging to Hyder Somerindyke, situate at Bloominedale
was sold on 3 rd November 1818 for the Assessment for opening the
10 th Avenue to John M Irving, subject to the tax of 1817, amounting
to the sum $131.42, the amount for tax was $3.25 and was paid to
Al r Gilbert.

On 13 th June last the property was redeemed by the mutual
Insurance Company, who also paid all back taxes that appeared on
the books, including the $3.25 paid by M r Irving, but which had not
been credited by M r Gilbert. The Insurance Co of course refuse to
repay M r Irving.

It being but just that M r Irving should have his money returned
with Interest, the Street Commissioner would recommend that a War-
rant be passed in favor of John M Irving for $3.25 with the Interest
thereon from 3 d November 1818.

Which is respectfully submitted

John M c Comb, Street ComirT

Which was approved and a Warrant directed to be reported.

The Committee of Repairs presented the following.

The Committee on Repairs to whom was referred the subject of
fitting up the room lately occupied by the Chancellor for the reception
of the Records.

Respectfully report

That they have had the same under consideration, and on examina-
tion found the floor settled about four and a half inches, and that the
cause of the same may be examined into they propose the following
resolution.

[440] Resolved, that the Clerk of the Common Council give notice
to the Justices of the Marine Court, who occupy the room immediately
below, of the necessity of their removal that the cause of the settling
of the floor may be examined into.

Respectfully Submitted

Geo B Thorp.
(Signed.) B. Crane.

S. P. Brittain.

Which was approved, & the resolution adopted.



360 CITY or NEW YORK 30 Oct. 1820

The Market Committee on the petition of Albert Fisher for Stall
N 63 Fly Market reported.

The Market Committee to whom the petition of Albert Fisher was
referred, praying to be licenced for stall N 63 Fly Market, one of the
stands that was formerly sold by the Corporation which said stall he
has purchased from William Everett.

Beg leave to offer the following resolution,

Resolved that the prayer of the Petifti]oner be granted.

Hermanus Tallman.
(Signed.) Charles Town.
Sam 1 Tooker.
Stephen Allen.

Which was approved & the resolution adopted

The same Committee on the petition of Mead Darrow for a stall in
Fly Market reported.

The Market Committee to whom the petition of Mead Darrow was
[441] referred praying for Stall N 12 Fly Market beg leave to offer
the following resolution.

Resolved that the prayer of the petitioner be granted.

Harm 8 Tallman.
(Signed.) Ch s Town.

Sam 1 Tooker.
Stephen Allen.

Which was approved & the resolution adopted

The Committee on Assessments on the petition of James W. Lent
and others reported.

The Committee on Assessments to whom was referred the petition
of James W Lent and others, who were assessed for building the
Bulkhead, extending the public sewer, and cleansing the same at the
lower end of Broad Street, praying that a new assessment may be
ordered, on the ground that the present one was unjustly and unequally
laid, as but a small number of those who are equally benefitted, are
included in said Assessment.

Report,

That on examination of the case, your Committee are of
opinion that the objections raised by the petitioners are reasonable and
just, and they are induced to believe that the Assessors would, if they
had been in possession of all the facts since disclosed, have made their
Assessment somewhat different from that which was confirmed by
the Board on the 18 th September last.



30 Oct. 1820 COMMON COUNCIL MINUTES 361

But inasmuch as the assessment has been confirmed, and some
part thereof already collected, they are decidedly of opinion that the
Corporation do not possess the power of annulling it. In this they
are confirmed [442] by the written opinion of the Counsel, annexed
to a Report made to the Board by the Committee of Assessments in
the case of Colonel Fish on the 26 th July 1819. which was accepted
and ordered to to be filed of which the following is an extract.

( I have examined the law relative to the case you stated to me, to
wit. Whether the Corporation possess the power of annulling an
Ass[ess]ment for regulating a Street after it has been confirmed by
the Common Council, and the sums assessed partly collected." and am
of opinion, that they do not posses the power.

The whole of the power which they possess upon this subject is
derived from the 175 Section of the Act relative to New York.

By this it is provided that it shall be lawful for the Corporation
to order and direct that the Streets shall be regulated and to appoint
Assessors to assess the benefit upon the neighboring property, and
that they after having made such estimate and assessment shall cer-
tify the same in writing to the Common Council and being ratified by
them shall be binding and conclusive, upon the Owners of the Lots
assessed, and shall be a lien or charge on such Lots.

The Act, therefore, so far from investing the Corporation with any
power to set the Assessment aside after they have confirmed it, declares
expressly that the Assessment shall then be conclusive.

(Signed.) Ogden Edwards

The Committee are of opinion that the prayer of the petitioners
cannot be granted & respectfully submit the following resolution,

Resolved, that the prayer of the [443] petitioners cannot be
granted.

Ch s Town. Ch n
(Signed) Rob 1 Swartwout.
John P Anthony.
Tho s S Townsend.

The Committee of arrangement on the petition of John M. Lester
reported,

The Committee of arrangement to whom was referred the within
petition of John M Lester praying a further compensation for services
for services as peace officers on the Fourth day of July last, respect-
fully report that the compensation allowed M r Lester for himself and
the other officers who attended with him on that day is the same as



362 CITY OF NEW YORK 30 Oct. 1820

has been paid by this Board for five years last past for like services :
The Committee are, therefore, of opinion that the prayer of the peti-
tioner ought not to be granted. They, therefore, respectfully recom-
mend the following resolution,

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

Geo B Thorp.
(Signed.) J. Hammond.

Gerard De Peyster
Rob 1 Swartwout.

Which was approved and the Resolution adopted.

[444] The Street Committee to whom was referred the petition of
Noah Brown and others praying that Goerck Street may be opened
reported.

The Street Committee to whom was referred the Memorial of
Noah Brown representing the injury which he sustains by reason of
Goerck Street being fenced in from North to Stanton Street, and
requesting to have the same thrown open for his relief, report,

That they have examined by personal inspection, the grievance com-
plained of- -That there are two important ship yards thro the center
of which Goerck Street runs from Stanton to North Street- -That if
the Street is now thrown open, it will be a serious inconvenience, if
not injury to the proprietors, who are also the sole Owners of the
property on both sides of Goerck Street, between Stanton and North
Street; neither of whom joins in this request to open the Street- -That
there is but one house in Goerck Street above Stanton S 1 and that
stands on the corner of said street and North Street, the approach to
which as well as to the respective Ship yards is thro Lewis Street;

Your Committee are therefore of the opinion expressed in the
resolution below.

Resolved, that it is inexpedient at present to to open Goerck street
from Stanton to North street.

Rob* Swartwout.
(Signed.) Asa Mann

Isaac Emmons.

Which was approved and the resolution adopted.

[445] The same Committee on the petition for regulating Jone's
Street reported,

The Street Committee to whom was referred the petition of Isaac
Vreedenburgh and others, owners of property on Jones' Street, Green-
wich, praying that the said Street may be regulated at the expence



30 Oct. 1820 COMMON COUNCIL MINUTES 363

of the owners of property fronting on the Street, and soliciting the
surplus ground in the Street to defray the expence of regulating* the
same. Report,

That they have had the subject matter of the said petition under
consideration, but without discovering the propriety of deviating in
this case from the usual mode heretofore adopted in regulating the
Streets of the City ; and that as Jones' Street is not a ceded Street, it
is inexpedient, at present, to regulate the same.

Therefore, Resolved, that it is inexpedient to grant the prayer of
the petitioners. Robt SwartwQut chn

Asa Mann.

(Signed.) Isaac Emmons.
S. P. Brittain.
Shivers Parker.

Which was approved and the resolution adopted.

The Canal Committee to whom was referred the petition of Mess
Richards & Taylor, requesting permission to run a drain from their
Distillery into the Minetto sewer, presented a report granting the
privelege solicited, on the petitioners paying a yearly sum for the
privelege ; Whereupon the report was referred back to the same Com-
mit- [446] tee, with a request that they would consider and report a
general Tariff for granting similar priveleges.

The Ferry Committee to whom was referred the petition of the
York and Jersey Steam Boat Ferry Company reported,

The Committee on Ferries to whom was referred the petition of



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 11) → online text (page 31 of 67)