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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 the Corporation N 265 William Street, for the term of 7 years from
the first day of May 1819, at the annual rent of $320.

That he came in possession of said lease for the purpose of securing
a debt due him by Jacob Warner, the original bidder for the lease, for
building a small tenement on the premises. That as he had voluntarily
taken said lease, there appeared no good reason to the minds of the
Committee why the Corporation should release him from his engage-
ments without an equivalent, any more than others of their lessees who
may be similarly situated by reason of the fall of rents.

The petition now referred to your Committee, however, differs from
the former, inasmuch as the petitioner now offers to relinquish all claim
to the building he has erected on the premises, if the Corporation will
release him from the conditions of the lease ; and the Committee having
been creditably informed that the petitioner will be utterly unable to
sustain the payment of the rent without a reference to his sureties, they
have agreed to receive his Notes, endorsed by his sureties for $280
payable on the first days of March, April, May and June, being the
amount of rent due to the first day of November last : and they recom-
mend that he be released from the conditions of the lease on his
making an assignment of all his right to the building erected on the
premises, and they therefore offer the following resolution,

Resolved, that the Comptroller be authorised to receive from Will-
iam King an assignment of the lease for the House and Lot N 265
William Street, together with all his rights the building erected on
the premises ; and, that he advertise the said premises to be let from
the first day of May next, with the [194] other public property.

Respectfully submitted,

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

Which was approved and the resolution adopted.

The same Committee to whom was referred the communication of
the Comptroller respecting certain public property, which in his opin-
ion might be disposed of on Lease, reported the following resolutions
which were adopted.

The Finance Committee to whom was referred a report from the
Comptroller, covering a list of public property which in his opinion



5 Feb. 1821 COMMON COUNCIL MlNUTES 499

may be disposed of by Lease, beg leave to report by offering" the
following resolutions.

Resolved, that the following property be rented to the persons
herein after named, and for the terms and rents designated.

1 st The room in the Engine house, Beaver Street to Maria Betts,
for the term of one year, and at an annual rent of $100.

2 nd The room in the Engine house in Rose Street, to R F Mott
for the term of One year, from the 1 st day of May next, and at a
rent of $80.

3 rd The Room in the Watch house Spring Street to John Requa,
for the term of one year from the first day of May next and at a
rent of $85.

[195] 4 th The room in the Engine House Roosevelt Street to
Catharine Killegrew, for the term of one year, from the 1 st day of May
next, and at a rent of $75.

5 th The Lot of ground, corner of Wall and Nassau Street to
Black well and M c Farlain, for the term of one year from the first day
of May next, and at at [a] rent of $100.

6 th The Flagg Staff at the Battery to John DeClew for the term of
one year, from the first day of April next, and at a rent of $350.

7 th The House and Lot N 13 and the Lot N 18 on Water Street
at Brooklyn, to Benjamin Smith for the term of 21 years from the 1 st
day of May next, at the annual rent of $300. with the privelege under
the direction of the Comptroller and Street Commissioner, to remove
the said house about 30 feet west, and with a condition, that he is to
insure the said house from loss by fire, and to transfer the policy to the
Corporation.

Resolved, that the Comptroller be authorised to advertise the fol-
lowing property to be rented from the first day of May next, and if the
same shall not be rented by the 22 nd Instant, that on that day it will be
sold at Auction to the highest bidder on a lease of one or two years,
as in the opinion of the Finance Committee will be most for the public
interest.

1 st 14 Cellars under the Washington Market,

2 nd 9 Cellars under the Centre Market,

3 rd 6 Cellars under the Catharine Market,

4 th 1 Cellar under the Duane Market,

5 th 1 Cellar under the Greenwich Market,



500 CITY OF NEW YORK 5 Feb. 1821

() th The rooms in the Engine House at Greenwich.
7 th [196] The room in the Washington Market.

Respectfully Submitted,

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

The same Committee on the accounts of Judah Hammond Esquire,
former public Administrator, and of Benjamin Prince Esquire, the
present public Administrator, presented the following report, which
was approved and the resolution adopted.

The Finance Committee to whom was referred the account rend-
ered by Judah Hammond Esquire late public administrator, and of
Benjamin Prince Esquire the present public Administrator Report,

That they have examined the account presented by M r Hammond,
and find that a balance of Intestate Estates, remained in his hands on
the 22 nd Instant, after deducting his commissions, amounting to 9069
Dollars and 28^ Cents : And that they have also examined the ac-
counts rendered by M r Prince, and compared them with his Book, and
find that there is a balance in his hands unclaimed, of Intestate Estates,
and ready for publication agreeably to Law, amounting to $144.90;
and that there is a further unsettled balance of receipts, during the
year. 1820. amounting to $1549.53. The Committee propose the
following resolution.

[197] Resolved, that the accounts alluded to in the foregoing report
be filed in the Office of the Comptroller.

Respectfully Submitted.

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

The Committee on Applications to the Legislature to whom was
referred the project of a Law to regulate Inns and Taverns, communi-
cated by the Society for prevention of Pauperism, reported,

The Committee on applications to the Legislature to whom was re-
ferred the project of a Law entitled " an Act to regulate the granting
of licences, to keep Taverns, Inns, victualling houses. Ordinaries, & c & c
to sell Wine, Brandy, rum, strong waters, Cider, beer, Ale, or other
strong liquors in the City and County of New York, by retail, or by the



5 Feb. 1821 COMMON COUNCIL MlNUTES 501

small measure, under the quantity of Five gallons, and for other pur-
poses," communicated to the Common Council by the Society for the
prevention of pauperism: Report, that the question of raising the
minimum price of licences to retailers of Wines and spirituous liquors
was before the Common Council in the early part of the last year, and
was at that time referred to the Committee on Applications to the
Legislature, and that Committee, after considering the subject, deemed
it improper to raise the minimum price of the retail licence ; and your
Committee apprehend that the Act referred to them, as above men-
tioned, would not, if passed into a Law, have the effect of diminishing
the pauperism of this City, for reasons which must be obvious to the
Board. Your [198] Committee are therefore of opinion that it is not
expedient to request the passage of the said law. They recommend
the following resolution.

Resolved, that it is not expedient to desire the passage of the said
law.

All which is respectfully submitted :

J. Hammond.

(Signed.) Stephen Allen.
Thomas Bolton.
John P. Anthony.

Which was approved, and the resolution adopted.

Alderman Allen presented the following resolution. Resolved that
the Counsel be instructed to prepare a petition to the Legislature, to-
gether with a Law authorising the Corporation to assess on property in
the several \Vards in this City a sum not exceeding in the whole One
hundred and fifty thousand dollars to be applied to the rebuilding and
regulating- of the Battery, said sum to be assessed and collected in In-
stalments of Twenty five thousand dollars each year, and to be ap-
propriated by the Supervisors on the several Wards as follows.

On the first Ward $6.666.

On the second Ward 5.000 .

On the third Ward 5.000.

On the fourth Ward 2.334.

On the fifth Ward 1.666.

On the sixth Ward 1-334.

[199] On the seventh Ward 1.000.

On the Eighth Ward 1-000.

On the Tenth Ward. 1-000.



Total. $25.000.



,502 CITY OF NEW YORK 19 Feb. 1821

T ..

Resolved that the Corporation be authorised to borrow the whole
or any part of the said sum of $150.000 for the paying of which, to-
gether with the Interest, the proceeds of said Tax to be pledged.

Resolved, that the Clerk be instructed to give the necessary notice
agreeably to a Law of this State of the intention of the Corporation to
make application for the aforesaid Tax. and the subject for which it
is required.

Resolved, that on the passage of the aforesaid Laws the Street
Committee be authorised, under the inspection of a Committee to enter
into contract for building the wall agreeably to the plan and description
submitted to the Board on the 13 th December 1819, and also for filling

i

the space between the contiguous ground and wall and for any other
matter necessary to complete the whole plan.

The question being taken, on the above resolutions they were
severally agreed to.

Alderman Allen presented the following resolution.

Resolved, that the Counsel be instructed to report at the next meet-
ing of the Board whether Sylvanus Miller has complied with the con-
ditions of certain Resolutions passed on 19 th October 1818. relative to a
grant for ground under water in front of the property of Margaret
Miller his wife, and the payment of the assessment [200] on said
ground ; and also relative to the payment for a Gore of Land, in front
of said property, the value of which was assessed on and paid by the
Corporation.

[201 and 202 blank.]

[203] In Common Council. February 19 th 1821.

Present. The Hon 1 Cadwallader D Colden, Mayor, President.

Peter A Jay Esq r Recorder.

Aldermen. Assistants.

Samuel Tooker. Thomas Bolton.

Thomas S Townsend. Abraham Valentine.

Leonard Kip. Harmanus Tallman.

John P Anthony. Benjamin Crane.

Charles Town.

Robert McQueen. Shivers Parker.

Asa Mann. Stephen P Brittain.

David Board. Isaac Emmons.

Gerard DePeyster.
Stephen Allen. Judah Hammond.

The Minutes of the last Meeting were read and approved.



19 Feb. 1821 COMMON COUNCIL MlNUTES 503

His Honor the Mayor laid before the Board the return received
from the Keeper of the Bridewell or City Prison of the persons con-
fined therein, which was directed to be filed.

A petition from T. W. Thorne to be permitted to construct a vault
on Hudson Street next to the corner of Reade Street, was referred to
the Street Commissioner to grant on the usual terms.

[204] His Honor the Mayor laid before the Board a letter from the
Hon 1 John Williams a Senator of the United States, enclosing the draft
of a Bill before the Senate for retroceding the land at the Battery to
the Corporation and wishing to know if the Bill met the wishes of the
Corporation.

The Bill authorises the President of the United States to retrocede
to the Corporation the Lands at the Battery, either with or without the
works erected thereon by the United States. The Mayor stated that
agreeably to the opinion of the Chairman of the Committee of the
Board on that subject, and of several of the Members whom he had
consulted, he had replied to M r Williams that the Bill was in con-
formity with the wishes of the Corporation.

Whereupon the letter was directed to be filed.

An application of Sylvanus Miller for an advance on the award to
him for land taken at Fulton Slip was read and referred to the Finance
Committee.

A petition of William Cunningham of the town of Brooklyn on
Long Island [205] was received stating that he is owner of certain
Lots in Brooklyn formerly the property of Comfort and and Joshua
Sands that he understands an agreement was formerly made by the
Corporation and said Sands, to grant to the said Sands for one cent a
foot the land under water opposite said Lots on the East River, and
praying said grant as Assignee of said Sands may be made to him,
which being read was referred to the Finance Committee.

The Trustees of the Bank for Savings agreeably to the provisions
of " an Act entitled an Act to Incorporate an Association by the name
of the Bank for savings in the City of New York," presented their
annual Report. By this it appeared that the Trustees had received
from 5073 Depositors from the first of January to 31 st December 1820
the sum of $342.085.23.

The Report was directed to be filed.

The petition of Abraham Frazee for relief from penalty incurred by
driving his sled on the side walk in Liberty Street was referred to the
Police Committee, with authority to remit the penalty.



504 CITY or NEAV YORK 19 Feb. 1821

A petition of Richard Burnham for pe- [206] cuniary aid, was
referred to the Commissioners of the Alms House.

An account of James L Bell, Sheriff of the City of New York, for
services rendered by certain peace officers in attending on Courts with
the accompanying Documents was referred to the Finance Committee.

A letter from Joseph Warren Brackett and others enclosing an
opinion of Richard Harrison and John Wells Esquires on the construc-
tion of the Acts of, 1816, and 1817, authorising the Corporation to
take the block on Fulton Slip for a public Market was presented and
referred to the Special Committee on that subject. It was also ordered
that the opinion of the Counsel of the Board (Ogden Edwards,) and
William Slosson Esquires be referred to the same Committee. It was
further directed that the opinion of the last named Gentlemen be
published in the papers employed by the Board.

A Petition from the Measurers of Grain recommending an amend-
ment to the Law regulating the measuring of vegitables so as to make it
compulsory to employ a measurer, and to reduce the the price of meas-
uring to one cent per bushel : Also [207] remonstrating against the
appointment of a Measurer for vegetables exclusively, was read and
referred to the Market Committee.

A petition of Thomas Foote for an appointment as an Inspector
of Lime, was referred to the Special Committee appointed on the
petition of the Measurers of Lime (M r Brittain Chairman.)

A number of petitions from Farmers residing in King's and Queen's
County praying for the erection of a Market at Fulton Slip were
read, and referred to the Special Committee appointed on that sub-
ject. (Alderman Mann Chairman.)

It was resolved that an additional member be added to that Com-
mittee, whereupon, Alderman Anthony was appointed by the Mayor
on said Committee.

A petition of Peter H Waterbury, for appointment as Overseer
of the Convicts who work on the roads was referred to the Commis-
sioners of the Alms House.

A petition of sundry citizens, employed as Oystermen complaining
of the garrison of United States Troops stationed on Bedlows Island,
stating that they obstruct them in the pursuit of their occupation, by
taking them out of their Boats, and even threatening [208] to fire
upon them if they followed their occupation nigh to said Island, was
read and referred to the Police Committee.

A petition of William Ponsforde, holding stall N 8 in Fly Market,
and of Cornelius Chiviss holding Stall N 39 Washington Market



19 Feb. 1821 COMMON COUNCIL MlNUTES 50.5

praying to be permitted to exchange Stalls with each other was
referred to the Market Committee.

A request of the said Chiviss and of John Brewer of the 14 th
August 1819, to be permitted to exchange stalls N 50 and 39 Wash-
ington Market were referred to the same Committee, with authority
to act in the premises as they judge advisable.

A Petition of James Gedney for appointment of Inspector of
Fire Wood, was referred to the Committee on wharves, piers and
slips.

A Petition of Benjamin Williamson for remission of fine for
selling liquor at a house to which he had removed, without procuring
a transfer on his licence, was referred to the Police Committee.

A petition of the Butchers of Catharine and of Centre Market,
complaining of Drovers and others slaughtering and selling Meat in
the City without [209] paying fees therefor was referred to the
Market Committee.

A petition of George Mills stating that he had been prosecuted by
Alfred P Edwards in an action of assault and Battery- -That the
cause arose from the opposition of Edwards to Petitioner while
endeavouring to carry into effect the orders of the Board of Health,
and the petitioner did no more than his duty ; and praying that the
Attorney of the Board may be instructed to defend the suit com-
menced against him : Whereupon it was resolved that the Attorney
to be directed to defend said suit against said Mills.

A petition that the sewer contemplated to be made in Thompson
Street be immediately completed, and that Thompson Street be regu-
lated from Canal to Broome Street and Grand Street from Sullivan
Street to Broad way was read and referred to the Street Committee.

A Petition from sundry Auctioneers who are in the practice of
selling goods at Auction in the Street in Wall Street between Water
and Front Streets, stating that they understand there is a remon-
strance against their selling at that place, and praying for the reasons
stated in their petition that they may be permitted to continue their
sales at that place, was read and referred [210] to the Street Com-
mittee.

A petition of John Addington, and of the Members of Fire Com-
pany N 15 was received, stating that said Addington was on 8 th
November 1814 elected a Member of said Company, and has served
in said Company until this time that by some mistake his appoint-
ment has not been entered on the minutes of the Common Council
and praying that a certificate of service may be given to him by the



506 CITY OF NEW YORK 19 Feb. 1821

Clerk, \vas read and referred to the Committee on the Fire Depart-
ment.

A Petition of Benjamin Disbrow and William M Hitchcock,
contractors for Street Manure, praying that the fee for Inspecting a
load of Manure may be reduced from three to two Cents per load,
was read and referred to the Street Committee.

A petition of Daniel Fash, for appointment of Inspector of lime,
was referred to the Committee on Applications.

A petition of Abraham Van Gassen complaining of an error in
copying the Tax-Book of said Ward, by which his property was
assessed as of the value of $12.000 instead of $1200. and praying
relief, was referred to the Committee on Assessments.

[211] A petition of William Cooledge. a native of Portland but
having settled with his family in this City, and praying licence as a
Butcher, was referred to the Market Committee.

A petition of the Trustees of Asbury African Church praying the
grant of a piece of ground, near the Potter's Field for a burying place,
was referred to the Committee on public Lands and places.

A petition of Right Carpenter, Lessee of House and Lot N 73
Chatham Street, praying an extension of his lease was referred to
the Finance Committee.

A petition of J. G Farrington was received stating that he had
purchased from James Flanagan the Hay Scales at Harlaem, and
praying to be appointed a weigher of Hay. and established at said
place, was referred to the Alderman and Assistant of the 9 th Ward.

A petition of Ebenezer Knapp for further time for payment of
an Assessment on him for widening Harman Street, was referred to
the Finance Committee with power to grant the prayer of the same.

A Petition of Garrit Sickels praying relief from a mistake in an
Assessment on him for Tax in the 10 th Ward [212] In copying the
Books the amount of his property being carried out $1800 instead of
$800 was referred to the Committee on Assessments.

A Petition of William Woodhull, Lessee of Lot N 32 Peck's Slip,
praying permission to assign said Lot to Edward Faill was referred
to the Comptroller with authority to grant the request.

The following persons were appointed Firemen the Chief Engineer
certifying the vacancies :

Fire Engine Company N 4.

John Van Bussum, Grocer N 55 Robinson Street 3 rd Ward
Vice. Augustus C Webb. Resigned.



19 Feb. 1821 COMMON COUNCIL MlNUTES 507

N 6.

George Barker Jun r Carpenter N 15 Catharine Street 7 th Ward
Vice, Isaac L Burr. Resigned from ill health.

N 9.
Joseph Christopher, Black Smith N 117 Liberty do 6 th do

Vice, William H. Valentine. Declined.
James Frey, House Carpenter, Broad do 1 st do

Vice, Thomas Constantine. Resigned.

N 13.

Peter H. Anderson, Cork Cutter N 196 Water do 2 nd do

Vice, Zeri Smith. Deceased.

N 14

Samuel Y Coles Clerk, N 218 Broadway 2 nd do

[213] Vice, John D Brower. Time expired.
John Collard, Block & pump Maker, N 55 Warren St 3 rd Ward

Vice. Joseph Wentworth, Time expired.
Frederick Place, Druggist, N 17 Park 2 nd Ward

Vice, Cyrenus H Beers, Appointed Warden.

N 15.

William Hatfield, Turner, N 9 Chatham Street 4 th do

Vice, Isaac V. Shoemaker, Joined City Watch.
Abraham Colon, Chair Maker, N 216 W m Street 4 th do

Vice James Cregier, Time expired.

N 16.
Isaac Vaughn, Butcher, N 171 Washington St 3 rd do

Vice, Peter Sharpe, Resigned.
Thomas Milderberger, Accountant N 23 Nassau " 2 nd do

Vice, James Brooks. Deceased.
John A. Cheesman, Mason, N 68 W m Street 1 st do

Vice. John Harper Resigned.

N 20.

William A Ackerman. Cooper, N 146 Washington " 3 rd do

Vice, Isaac W Bayley. Resigned.

N 22.

John Benham, Brewer, N 44 Cheapside Street. 7 th do
Vice, Francis Secor. Expelled for neglect of duty.



508 CITY OF NEW YORK 19 Feb. 1821

N 25.

Joshua C Rennett, Carpenter, Greenw 11 near Harrison Street 5 th Ward

Vice. Thomas Mildeburger. Resigned.
William Leary, Carpenter, corner Peck's slip & Water 4 th do

[214] Vice. William Dihvorth. Resigned.
Elijah Durand, Grocer, N 72 Read Street 5 th Ward

Vice. Christian M Heyle. Forfeited by not attending.
Henry Peacock, Hair-dresser, N 111 Cherry S* 4 th do

Vice, John A Butler, Forfeited by not attending.
John J Stought, Coach Maker, N 4 Forsyth S 1 10 th do

vice, Samuel Wooley. Resigned.
Samuel Mills, Carpenter, N 90 Orange S* 6 th do

Vice. Robert Woods. Resigned.

N 26.

Henry Townsend Jun r Carpenter N 4 Eldrid[g]e S 1 10 th do
Vice, Thompson Price Resigned

N 29.
Daniel S Hyde. Butcher Co r Washing" & Christopher 9 th do

Vice Garrit Ackerman. Left the City.
William Van Tassel, Chair Maker, Perry S* 9 th do

Vice. John \Vestervelt Resigned.

N 31.

Henry V Weeks. Carpenter, N 218 Church S* 5 th do

Vice. Egbert Post. Expelled for neglect of duty.

Richard B Winant. Black Smith N 221 Spring S 1 8 th do

Vice. Samuel Roome. Gone into the Country.

N 34.

William Wilson, Mason, Bank Street 9 th do

Vice. Jacob Blauvelt. Deceased.

N 36.

Benjamin Ver Bryck, Black Smith

corner of Elm and Spring St. 8 th do
[215] Vice, Henry Moore. Joined N 23.

N 41. - ' .

William Parker, Ho Carpenter, Grand & Arundel S l 10 th do
Vice. Harrison Palmer. Expelled for neglect of Duty.



19 Feb. 1821 COMMON COUNCIL MINUTES 509

The Comptroller reported that the amount paid into the Treasury
for commutation of Alien passengers from 1 st November to 1 st Instant
was $420 which report was ordered to be filed.

The Street Commiss 1 " stated that as the lower end of Thompson
Street was opened, the proprietors wished the contemplated Sewer to
be immediately opened. Whereupon he was directed to give the legal
notice of the same.

He also presented a return of Delinquents on the Sewer in Chappie
Street, and a Warrant was directed to issue to the Collector for collec-
tion of the same.

The Attorney reported the following complaints, which had been
made to him, which were referred to the Committee on Public Offices,
viz. John Clarke for selling liquor without licence. William Niblo,
William Miller, and Barney Vallillee. Inn keepers for permitting
gambling in their houses.

The City Inspector presented Ordinances for correcting sundry
[216] 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

NO 1 T. Bloodgood

Owner. J. Morrison. Occupant. NO 1 Batavia L A privy

2 M" Sullivan do J Briggs and Wil-

liam Patterson.

Occupants " 3 do do

3 M" Thompson do L Lyons do 5 do do

4 P. Goelet do A Stevenson do 6 do do



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