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

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which was approved & the resolution adopted.

The same Committee, on the petition of Simon Fleet, presented a
report which was read and referred to the Committee on Public

The same Committee, on the petition of Robert Latimer, reported
(in respect to the exhibition of a Camera Obscura in the streets),
the following resolution:

Resolved that it would be inexpedient to grant the prayer of the

(signed) J. B. Taylor
S. Parker
J. Morss

which was approved & the resolution adopted.

[195] The same Committee, on the petition of the President &
Directors of the Manhattan Company, reported :

That on examination they find that altho' it would be proper to
have those Streets and lanes spoken of regulated immediately, it is
found to be private property except Bleecker Street. They therefore
recommend the adoption of the following resolutions :

Resolved that Bleecker Street be regulated from Broadway to


Wooster Street and that the Street Commissioner prepare an Ordi-
nance for the same.

(Signed) J. B. Taylor
S. P. Brittain

A. Mann
J. Morss
S. Parker

which was approved & the resolutions adopted.

The Finance Committee, on the communication of the Street Com-
missioner respecting [196] property assessed for opening Canal Street,
which assessment is still due, reported :

That they have examined the list alluded to and have selected such
of the property described, which they have designated by the Letter A,
as in their opinion is liable for the payment of the Assessments still
due, and they propose the following resolution on the subject:

Resolved that the Street Commissioner be instructed to take the
necessary legal measures to enforce the payment of the amounts due
on the property designated by the Letter A in the accompanying list
of property assessed for Capening [opening] Canal Street.

(Signed) S. Allen
J. Hone
J. Hammond

B. Crane

S. P. Brittain

which was approved & the resolution adopted.



20 March 1820






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The Counsel, to whom was referred the account of Jury fees in
the case of John Mason [198] and the Heirs of Franklin, reported:

That there is no law which regulates the fees of Jurors in cases
under the Act by virtue of which the property above mentioned was
taken : That the Law regulating the fees of Jurors in the Mayor's
Court only extends to cases in which they are sworn in actions pend-
ing therein. The compensation which the Jury are entitled to receive
in the present case is what is reasonable. The Counsel has made
enquiry as to what it has been customary to allow jurors for like
services and is informed that it was $3. a day to each Juror which is
the sum charged in the Bill referred to him.

respectfully submitted,
(Signed) Ogden Edwards

Whereupon the Comptroller was directed to report a Warrant for
$ in the name of the Counsel for the payment of the same.

The Counsel reported that the plaintiffs in the case of Herman
Le Roy & others [199] against the Corporation, praying an injunction
to restrain the collection of the Assessment for making a common
Sewer in Canal Street have appealed from the decision of the Chan-
cellor to the Court of Errors. \Vhereupon it was resolved that the
Counsel be authorized to employ additional counsel to aid him in the
prosecution of said suit.

He also presented a deed to Peter Embury for Lot No. 19 near
Washington Market sold to him by the Corporation under the direc-
tion of the Comptroller which deed was directed to be duly executed.

The Comptroller reported :

Balance in Treasury 13 th inst 55 . 12

Reed for Streets 4866.02

" Tax 1819 2d Ward 2000.

" Excise 109. 7030.14

16 Accounts Audited.

Anderson & Leek Watch. 1st dist 1167.25

[200] Hibberd & Clark Watch 2d dist 756.

Bleakley & Brower do. 3 d do 462.

T. & J. Swords State Laws & Mr. Stanford's Catechism. 204.07

W m Buckmaster discharge rockets 25 Nov. last 15.

J. W. Weyman Clerk Sessions to pay Witnesses 6.

Matthew Crosby 26 Casks Oil 2189.25

Smith Bloomfield acct regg & pave Chapel st 700.

C. Mooney acct pays Bowery from North to Jones St.... 500.

Pinkerton & Forgye acct pavs Market St 250.

38 CITY or NEW YORK 27 March 1820

Peter Debaun ace* regg McDougall St 250.

J. Quin ace* pav& Sullivan St. from Broome to Watts St. . 200.
J. Sloan ace* reguls Wooster St. between Spring &

Broome Sts 100.

H. Smith fills a vacant lot on Rynder St. collected by

Sale of Lot 44.

Hugh Donocho ace* Well Thompson St 50.

Jno. Gallagher bal. Well Green St 39.60 6933.17

Balance $96.97

Board adjourned to Monday next 5 o'clock.

: ... i,,,- ,.;, ; [201] In Common Council March 27. 1820.
Present. The Hon. Cadwallader D. Golden Mayor President.

Aldermen Assistants.

John Hone Thomas Bolton

John P. Anthony Samuel Stevens

John Morss Hermanus Tallman

Robert M c Queen Benjamin Crane

Asa Mann John J. Westervelt

Jacob B. Taylor Shivers Parker

George B. Thorp Stephen P. Brittain

Stephen Allen David Board

William A. Davis
Judah Hammond

The Minutes of last meeting were read & approved.

A petition of James Hume, praying that the drain across the 2 d
Avenue between 18 th & 20 th Streets may be laid lower as the streets


are overflowed in consequence of its being laid too high was referred
to the Road Committee.

[202] A Letter from George Jane way, complaining of the per-
mission given to the Society of United Christian Friends to construct
vaults under the Street in front of their church in Augustus Street,
was read & referred to the Committee on Laws.

A petition of Benjamin Armitage, stating that in June 1817 he paid
to Morris De Camp, Collector appointed by the Corporation, $42. for
an Assessment laid upon Lot No. 3494 in the 10 th Ward owned by
him for regulating Rivington Street ; that he finds said Lot was in
Nov. 1818 sold for the term of 14 years under the orders of the Cor-
poration for non-payment, as was alleged, of the above Assessment;
& praying relief was referred to the Committee on Assessments.

A petition of a number of inhabitants concerned in vessels that


pay Wharfage by the year for lying in the public docks [203] and
Slips, complaining of the extra charge of 20 cents per day to which
they are by law subject after being in the Slip 21 days and praying
a repeal or modification of said Law was read & referred to the
Committee on Wharves, Piers & Slips.

A petition from the Rev. Alexander M c Leod, praying relief from
taxes assessed on his dwelling-house, being informed that as a Clergy-
man he is exempted by law therefrom, was read & referred to the
Finance Committee.

A petition of John Farmer, for permission to construct a vault in
front of his House No. 161 William Street, was referred to the St.
Commissioner to grant on the usual terms.

A representation from the Assessors of the 9 th Ward in the year
1818, stating that in that year in making an Assessment of the tax
upon the property of Thomas Pringle a mistake was made, and they
recommended [204] that the sum of $14 2 %oo should be refunded to
him was referred to the Committee of Assessments.

A petition from the Butchers of the upper Fly Market, stating
that from particular circumstances but little business is done in that
part of the market, and praying to be permitted to remove to some
part of the lower or country market, was read and referred to the
Market Committee.

A petition of Burnell Brown, stating that he is owner of several
lots fronting on the Bowery, upon which an assessment has been laid
for paving said street : that he has been assessed for 25 feet more on
the easterly side of said Street than he owns and praying relief was
referred to the Committee on Assessments.

A petition of William Ferguson, stating that he has been prose-
cuted for firing a [205] gun in the Street; that not knowing of the
Ordinance of the Corporation on that subject he had on the 22 d Feb-
ruary last in honor of the Anniversary of the birth-day of George
Washington fired a gun several times as he had been accustomed to
do on the return of that day, and praying that the fine may be remitted,
was read. Whereupon Resolved that the prayer of petitioner be

A petition of John Winship, Thomas Winship and Nathaniel Mott,
Butchers in Grand Street Market, praying remission of fine for selling
meat on Sunday, was referred to the Police Committee.

The Annual report from the Trustees of the City Dispensary of
persons vaccinated by that Institution from 16 th March 1819 to 16 th
March 1820 was received & directed to be filed. By this report it

40 CITY OF NEW YORK 27 March 1820

appeared that 582 persons had been vaccinated ; 220 at the Dispensary
and 362 at their own residences.

[206] A petition of Joseph T. Jacobs for permission to construct
a Stone Cistern in the Street in front of his house corner of Robinson
& Washington Streets, was read & referred to the Street Commis-
sioner to grant, if he judged proper, on the usual terms.

A petition of Charles Byrnes, to continue to sell goods at auction
in the Street at Chatham Square, was presented and laid on the Table,
to be taken up when the Report of the Committee on that subject
shall be taken up.

A petition of Stephen Sammers, stating that he has been blind
for 14 years past; that his occupation has been opening oysters and
praying to be permitted to continue to sell oysters on the sidewalk
near Coffee house Slip was read & referred to the Alderman and
Assistant of the 1 st Ward, with authority to grant the prayer of the

[207] A petition of Richard B. Cowley to be permitted to remove
on Trucks a frame house from Elm to Broome St. was referred to
the Aldermen & Assistants of the 6 th & 8 th Wards.

A petition of Ransom Beach for appointment of Measurer of grain
-was read and referred to the Committee on Applications.

A petition from sundry inhabitants near Roosevelt Street Slip
praying that a Bulkhead may be sunk in a line with the contemplated
line of South Street was read & referred to the Committee on
Wharves, Piers & Slips.

A petition of the Inhabitants in Hubert Street, stating that in con-
sequence of the lowness of the part of the Street they are incom-
moded by the w r ater coming into their houses & praying relief- -was
read & referred to the Street Commissioner to report an Ordinance
to remedy the inconvenience.

[208] A Memorial from the owners & inhabitants in vicinity of
William Street and Maiden Lane, stating that from the lowness of
that part of the City at the junction of those Streets great inconveni-
ence is experienced in times of a fall of rain and praying that a bridge
of flat or other stones may be made across Maiden Lane from the
westerly sidewalk of William Street, also praying that the old bridge
across William Street may be repaired was referred to the Alder-
man & Assistant of the 2 d Ward.

A petition that a Watchman may be stationed at the intersection
of Pump & Orange Streets was referred to the W'atch Committee.

A petition of Laban Gardner for permission to report and bond


for certain Alien passengers which arrived on 17 th September last in
the Brig Nimrod, Samuel Fisher [209] master from St. John's N. B.
but which passengers were not, on account of the yellow fever then
prevailing in the City and from the ignorance of said Master, then
duly reported was referred to the Police Committee

The following persons were appointed Firemen the (Chief Engi-
neer certifying the vacancies)

Fire Engine Companies.
No. 1.

Steph. Hemeon Mason 41 Watts St. 8 th Ward vice Samuel
Davis app d Fire Warden

No. 16.

W in Lowry druggist 7 Park Second Ward to complete the

No. 29.

Isaac Harring Carpenter Hammond St. 1 st Ward vice Alexander
Richie removed.

Ezekiel Miles grocer Greenwich St. 9 th Ward vice Halmah Van
Winkle removed.

The Superintendant of Repairs presented a Communication, stating
that on 22 d [210] Jan>" last he paid to Abraham Storms $985 2 % 00
for repairing the pier South side of Courtland St. that he understands
the owner is bound to keep the Pier in repair until May 1821. Where-
upon the same was referred to the Counsel.

The Street Commissioner presented two ordinances, one for filling
& regulating Dey Street from Washington St. to the bulkhead agree-
ably to the first Ordinance, & one for filling in and regulating agree-
ably to the second Ordinance which were passed & John G. Betts
appointed Collector.

He also on the petition of G. W. Cooper reported :

That he has examined the situation of the property and is of
opinion that granting this request will not be any more interruption
on the walk than the platforms which have been permitted in front
of shops & stores generally are ; but he would beg leave to suggest
the [211] propriety of the owners paying therefor the same as for
vaults, as those places are constructed for the express purpose of
storing Articles therein.

(Signed) Jno. M c Comb St. Comtn r
which was approved.

42 CITY OF NEW YORK 27 March 1820

He also presented a communication on the subject of the decayed
state of the Sewers in Broad Street and at Burling Slip which was
referred to the Street Committee.

He also presented an Ordinance for regulating Bleecker Street
from Broadway to Wooster Street which was passed & Abraham
Baudouine, Abraham Russell & John Brower were appointed
Assessors : also for regulating Stanton Street from Pitt Street to the
Bulkhead which was passed & Abraham Bloodgood, James Barrow
& Benjamin Prince were appointed Assessors.

He also, agreeably to the report of the Street Committee of this
evening, reported an Ordinance for regulating and paving [212]
Beach Street from Hudson to Chapel Street and Walker St. from
Chapel to Beach Street which were passed and Abraham Baudouine,
John Brower and John Targee were appointed Assessors : Also for
regulating Bedford Street from Carmine to Hamersley St. and Abra-
ham Bloodgood, James Barrow & Benjamin Prince were appointed

The City Inspector presented ordinances for correction of sundry
nuisances which were passed:

1 P. Fitzpatrick Own. 254 William St. a Lot

2 B. S. Knapp Agt. Hester St. do

3 A. Murray Own. Rivington St. do

4 M. Hoyt do. Sheriff St. do.

5 R. Riker do. Stanton St. do.

6 J. Martin do. Rivington & Sheriff do.

7 P. Ogilvie do. Columbia St. do

8 Mrs. A Brown do. do. do

9 P. Ogilvie do. Rivington St. do

10 M. Hoyt do. do. do.

11 P. Ogilvie Jr. do. do. do.

[12] [213] H. White Own}-, -.. c _

,>,.-, A c Franklin & Elm Sts. do.

W m Cruickshank Agt.

13 Jno. Sloan Own. Mercer St. do,

14 A. Clark do. do. do.

15 A. Walker do. do. do.

16 A. Clark do. do. do.

17 C. Beekman do. do. do.

18 W m King do. Bleecker St. do.

19 E. Valentine do. do. do.

20 H. Smith do. do. do.



21 E. Valentine


Green St.

a Lot

22 C. Ray




23 P. W. Livingston




24 A. L. Stewart




25 Sloan & Ferguson


Wooster St.


26 Mrs. Cox




27 A. Walker & A. Clark




28 E. Valentine




29 J. Smith




30 C. Ray


Green St.


31 G. & R. Waite




32 C. Ray


Wooster St.


33 [214] Mrs. Lewis


J. Smith


-382 Water St.

A Privy

W m Bleakley


34 B. Wade
S. Erickson

Agt. j

71 Henry st.



35 T. Pearsall

Own. ,


A. Lockwood Les. &

Occ. \

*131 Cherry St.


36 R. Giles Les. &


50 Harman


37 L. Mallett

Own. ]



> 54 do


M. Smith

Occ. I

r- *J\ \JL\J




38 P. Fitzpatrick Les. &


254 William


39 do.

Les. i


s 252 do


Jas. O'Brian


. _ \\j


40 S. Paxton
R. Rowan

Les. ^
Occ. \

- 124 Fly market



41 Austin & Andrews

Les. /


4 ^\ S* 4



, 1 26 do


C. Bullinger

Occ. \

X *- ' viv/


42 J. H. Loyd
W m A. White

Les. ~
Occ. <

.146 Water


43 R. S. Kissam

Les. i



. 144 do


G. Astor

Occ. <

''All VJ.V/



44 J. B. Rebouf[l]

Les. )

- 132 do


T. Wilmerton

Occ. \

M. V..' *w VAV/

VJ. w .

[45] [215] D Phenix
Mrs. Weyman

Les. ^
Occ. <

.138 Water St.


46 J. Heard Own. &


134 do.


47 J. Heard

Own. ,

76 Pine St


T. Sherman

Occ. <

W VX -L X J. IV- K t \r

48 J. Waddington


78 do.




27 March 1820

49 J. Waddington
Legget & Shotwell

50 Mrs. Couenhoven
L. Lefferts

A. L. Griswold

51 J. Kerby
Hutton & Brown

52 E. Miller

53 Mrs. Stewart

J. W. Milligan ; ,
W m . M. Wilson

54 A. Egbert
E. Earle

wn 'h72 Pearl St.
Occ. ^


Agt. J.190 do.

Occ. J

s~ V
Occ. }

Les. & Occ. 28 Bancker St.

.200 Church St.



196 Division St.

A Privy



(Signed) Geo. Cuming City Insp r

The Counsel presented for execution the counterpart of a lease
from Geo. M c Laughlin [216] to the Corporation for rooms in Nos
120 & 122 Division St. for accommodation of the Assistant Justice's
Court for the 7 th & 10 th Wards which was directed to be duly

He also presented the draught of a Memorial to the Legislature
and a corresponding Bill entitled " An Act providing for the compen-
sation of the District Attorney & Clerk of the Courts of Oyer &
Terminer & General Gaol Delivery & General Sessions of the Peace
in the City of New York which was directed to be duly authenticated
& forwarded to the Legislature now in Session at Albany.

The Finance Committee, authorized to examine and audit the
accounts of the late Treasurer, W. Fish Esqr. reported :

That the investigation of this subject has consumed much more
time than your Committee could reasonably have anticipated at its
commencement; but [217] they can assure the Board that every
exertion has been made within the reach of practicability to facilitate
the examination and bring the subject to a final close. Mr. Fish was
appointed City Chamberlain in August 1809, more than 10 years since,
and during the whole of this period, as your Committee have reason
to believe, no examination of his books, or comparison of them with
those kept by the Comptroller had taken place.

The errors which have been discovered, both in the books of the
Treasurer & Comptroller, are numerous and considerable in amount,
and the labor which has been bestowed on the subject by Mr. Fleming,
the present Treasurer, the young men employed in the investigation

j; March 18-jo COM.MOV COUNCIL MIMTI i.;>

and your Committee, has been great and arduous. '1 IK- Committee
are happv. however, in now being able to lay before the Board the

nit of this investigation and to state that the precis balance due
the Corporation by the late Treasurer or his sureties is $27,391 and 63
cents, [218] which balance can be substantiated by by the entries made
in his own books and the Committee hereunto annex for the examina-
tion of the Board, a specification of the numerous errors discovered
in the course of this investigation, together with the balance against
him, as above stated.

In stating the balance due from Mr. Fish or his sureties, it is
proper to mention that then- was standing to his credit at the.
Mechanics' I'ank at the time of his resignation S14.2 ( >2 & 28 cent-,
and that there was due to him at the same time for Salary as Chamber-
lain $359 & 71 cents and from the State as receiver of the State tax
about 700 dollars, making in the whole $15.3''l ami ()<) cents, leaving
the amount to be provided by the sureties at .S12.UV & (>4 cents.

The Committee were under the necessity of employing young men
of competent talents to assist in this anhmu- investigation and they
beg leave to recom- [21 ( >| mend that \\arranu pa for the amount
due them for the services they have rendered.

Your Committee wish to be distinctly understood, while pointing
out the numerous rrmrs which have been discovered in the books of
the former Treasurer & Comptroller that they do not attribute to
either of these Officers improper intentions in making the errors
alluded to. They no doubt occurred thro' inattention, or a press of
business at the moment ; and as there was no law which made it their
duty to compare accounts at stated times and report the result to the
Board, an error once made continued until a new Treasurer was
appointed and a comparison of his books with those of the Comp-
troller was had. Your Committee have it in contemplation to recom-
mend some amendment in the arrangement of the Books kept by the
Comptroller, so as to simplify and lessen the number of accounts to
be opened with a view to a more regular & perfect system than the
present, and which [220] they intend shall be the subject of a future
report. They beg leave now to offer the following resolutions :

Resolved that the Treasurer be authorized to receive from the
sureties of Whitehead Fish deceased, late City Treasurer, or his legal
representatives, the balance due the Corporation at the time of his
resignation, amounting to $27.391 6 % 00 agreeably to the specification
hereunto annexed.

Resolved that he be farther authorized to receive as a part of said

46 CITY OF NEW YORK 27 March 1820

balance the amount standing to the credit of Mr. Fish at the Mechanics'
Bank as Treasurer, and to allow such sum as may appear to be due
him by the Corporation for Salary and by the State as Receiver of
the State Tax.

Resolved that the Treasurer, on receipt of the balance as aforesaid,
be authorized to cancel the bond executed by the sureties of W. Fish
Esqr. late Treasurer.

Resolved that in the event of a [221] refusal on the part of said
sureties to pay the balance due the Corporation as aforesaid the
Counsel be instructed, under direction of the Treasurer, to commence
suits against them on their said bond for the recovery of the amount

Resolved that a Warrant pass in favor of Mr. Furman for 250
dollars and in favor of Mr. Munn for 100, being the amount due them
for services rendered in examining the books of the late Treasurer.

(Signed) Steph. Allen
Benj. Crane
S. P. Brittain
J. Hammond
Jno. Hone

which was approved the resolution adopted.

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