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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 2) online

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XVI.

No cartman shall ride shavings, litter or straw, nor the last other-
wise than in sheaves or bundles without a tight box of four feet high.
and six feet long, without licence for the same; and even' cartman
riding either of those articles without such box, shall forfeit and pay
as a fine ten shillings for each and every load: and that no joiner,



506 CITY or NEW YORK 28 Jan. 1799

carpenter nor cooper, plane boards, plank, joice or other timber, nor
shave any shingles, staves, heading or hoops, on any of the side walks
or streets, under the penalty of twenty shillings for every offence.

XVII.

Every inhabitant feeding a cow, horse or hog, on any of the side
walks or streets, shall pay a fine of twenty shillings for each offence.

XVIII.

Goods of whatever kind brought into Wall street, whether below or
above Pearl street, or any other square or public street of the city, for
sale, shall be removed before five o'clock in the evening of the same
day, under the penalty of three pounds for each neglect and if not
removed by that hour, it shall be the duty of the street inspector, to
employ carts and convey the same to the Aims-House or Bridewell
yards, and on the following day to sell the same, and return the owner
the overplus if any there be, after deducting all charges.

The open space between Water street and the head of the Old Slip,
is recommended as a proper place for the sale of ship's tackle and
materials, earthen ware in crates, hogsheads or bulk, and every other
place for the sale of those articles at auction, whether damaged or not,
should be prohibited.

All sales of household furniture and dry goods at auction, in the
public streets, ought also to be prohibited, except articles sold for the
benefit of insurers.

XIX.

That the interment of dead bodies in any church yard in the com-
pact part of the city between the first day of June and the first day of
November, ought to be prohibited ; and that all graves dug for the
reception of dead bodies shall not be less than six feet deep, under
the penalty of

XX.

The noxious exhalations arising from sink and privies in this city
have afforded just cause of complaint, and require the interposition
and authority of the magistracy to correct the growing evil, and to
direct the mode of their construction in future.

XXI.

Taverns, tippling and boarding houses upon the low ground on the
East River, are the places of resort for sailors, the lower class of
emigrants, and other disorderly persons, where drunkenness and



28 Jan. 1799 COMMOX COUNCIL MlNUTES 507

debaucheries of every kind, are committed, which often produce fevers
of the most serious nature, especially during the summer months. This
vil ought to be corrected.

XXII.

It is found that new streets are frequently laid out by owners of
ground in various parts of this city and its suburbs, so narrow as to
prevent the free circulation of air; and that the borders of such streets
are generally crouded with small wooden houses, with very small, and
in some cases, no yards.

It is therefore desirable that in future, no street should be laid out
within the city of New- York, but such as shall be first approved of by
the Common Council. Experience has shown, that during the preva-
lence of pestilence in this city, it has proved particularly fatal in such
streets.

XXIII.

In suggesting the means of removing the causes of pestilential dis-
eases, we consider a plentiful supply of fresh water as one of the most
powerful ; and earnestly recommend that some plan for its introduc-
tion into this city, be carried into execution as soon as possible.

XXIV.

When we reflect that the lives of many of the poorer class of citi-
zens might in all probability, have been saved during the last summer,
if a number of tents had been provided and pitched in the neighbor-
hood of this city as an assylum, and for the want of which or some
other shelter, they were obliged to remain in the seat of disease, and
meet the fate with which they were threatened, we think it our duty
to recommend that a sufficient number be provided to accommodate at
least five thousand persons a provision dictated by sound policy and
prudence.

The committee cannot refrain from transmitting to the Common
Council, with the inclosed report, an expression of their regret that
the reforms contemplated in it, must necessarily be productive of tintsh
[much] inconvenience to many of their fellow citizens. On this sub-
ject, however, they are bold in declaring, that while they have been
earnestly and anxiously employed in suggesting measures, in their
opinion calculated to promote the public good, they have as far as was
consistent with the nature of their researches, been extremely cautious
of interfering with the interests of individuals.



508 CITY OF NEW YORK 28 Jan. 1799

With these impressions, they express their hopes that if the Com-
mon Council do not already possess sufficient authority to carry into
effect, the regulations enumerated ; that they make an early application
to the Legislature for such additional powers as may be required for
the purpose.

Read and approved at a general meeting, New-York, 14th January,
1799.

JOHN OOTHOUT. "] -, . . ,

"L Commissioners of

JACOB ABRAMSE, I . ,.,. ,,, ^,/v-

-' (the Health-Office.
RICHARD BAILEY,

JOHN R. B. ROGERS, "1 ~ . , ,

Committee of the
TAMES IILLARY. > ,. ,. , ~ . .

| Medical Society.
SAMUEL L. MITCHILL, J

GULIAN VER PLANK, "1 Committee of the
CORNELIUS RAY, (.Chamber of Com-

MOSES ROGERS, merce.

JOHN B. COLES, 1

GABRIEL FURMAN, I Committee of the
WILLIAM BAYARD, Corporation.

WILLIAM HAMMERSLY I

Published by order of the Common Council,

ROBERT BENSON, Clk.
New- York, Feb. 4, 1799.

: To be published in the several daily papers every day for one week.

Ordered that M r Recorder be requested to prepare & report a Law
to be passed by the Legislature for investing adequate Powers in this
Board relative to the objects in the said Report.

Ordered that M r Mayor issue his Warr ts on the Treas r to pay.

Jacob Morton for W m Mooney's Ace* of Upholsterers

Work in the Police Room 3 : 12 : 2

iss d Peter Cole for lighting Lamps 90 : 9 :

iss d Jacob Sherred for paints the Barn at Brooklyn ferry H s 55 : 7 : 6

iss d The same for glazing Alms H s 1 : 12 : 6

A Letter from Charles Wilkes Esq r Cashier of the Bank of New
York to M r Mayor dated the 23 d Ult signifying the Wish of the
Board of Directors that Measures be taken as soon as may be con-
venient to the Corporation, to discharge the Bonds due to the Bank ;
was read & filed.



4 Feb. 1799 COMMON COUNCIL MlNUTES 509

[433] City of ) At a Comrnon Council held at the Alms

New YorkC 88 ' House on Monday the 4 th day of February

Present/ Richard Varick Esq r Mayor

Richard Harison Esq r Recorder

Theophs Beekman "| George Lindsay -|

Gabriel Furman Nichs Carmer

John Bogert fEsqrsAldn Mangle Minthorn f AssistS

John B Coles J Nichs Bayard J

M r Mayor & M r Recorder with the other Members having visited
the several Wards in the Alms House & Bridewell The Committee of
Acc' ts reported that they had examined the Acc ts of the expenditures
of the Alms House & Bridewell for the last Quarter & compared them
with their respective Vouchers & found them right viz 1

Those of the Alms House amounts to 4148 : 7 : 2

Those of the Bridewell to 1208: 5: 2

An Estimate of the Commiss rs for the ensuing Quarter was then
read & approved viz*

For the Alms House 3500 : : -

For the Bridewell 900 : :

Ordered that M r Mayor issue his Warr 1 on the Treas r for paym 1
thereof accord gly

A Letter from M r Mangin Surveyor on the subject of the Contract
to make a Survey & Map of this City was read & referred [to] Ald n
G Furman & De La Montagnie

[434] M r Recorder presented to the Board the D r of a Bill to be
passed by the Legislature to invest this Board with adequate Powers
in relation to certain Objects of Importance to the Health of the said
City ; which was read & approved And M r Mayor was requested to
transmit the same to the Members of this City in the Legislature.

M r Mayor laid before the Board a Letter from Nova Scotia with-
out signature on the Causes of pestilential Dissease & the means of
Prevention thereof ; which was read & the Board supposed that it
would be well to have it published.

Ordered that the additional Report of the joint Committees, on the
subject of the Causes & Means of preventing the unhealthiness of this
City in the hot season of the Year, read at the last Meeting be also
published in the News Papers

M r Mayor informed the Board that M r Weston, agreable to the
Request of this Board, was come to this City to assist this Board with



510 CITY OF NEW YORK 4 Feb. 1799

his Opinion & Advice on the subject of supplying this City with whole-
some Water.

Whereupon it was ordered that the Committee on that subject
wait upon M r Weston & communicate to him the Intentions of this
Board

[435] A Letter from John P Waldron on the subject of the new
Road from the Post Road at Harlem to Meuttie David's Vly on Hud-
son River ; was read & referred to Ald n G Furman & Mess rs Bayard &
Minthorn.

A Letter from M r Mangin on the supplying of the City with Water
was read & referred to the Committee on that subject

Ald n G. Furman produced to the Board a Warr 4 from M r Mayor
in favor of Garrit Harsen for 200 in advance on Ace 4 issued on the
3 d Sept r last which Warf 1 had not, by reason of the decease of M r
Harsen, been presented to the Treasurer for paym* Whereupon the
B d directed that the said Warr 1 should be destroyed & the same was
destroyed accordingly

An Ace* current of the Health Committee of this B d was presented
to the Board audited & filed.

Ordered that Isaac Coddington 6 th W d Carpenter be appointed a
fire Man to Engine N vice Francis Parsman who has left the City.

Ordered that M r Mayor issue his Warr ts on the Treasurer to pay

The Adm r of Casimir T Goerick deed for his Moiety of
issd the 2d payment on the Contract to make a Survey &

Map of the City .................................... $500

: s :

[436] The Admr of Garrit Harsen dec d in full for Bailee
of his Acct ......................................... 137:11:10

. The Adm r of John Cozine Esq r dec d for his Acc ts of

Atty & Counsel Fees ................................ 45 : 13 :

iss d Provo & Smith for cleans a Well in Eagle Street ....... 5:4:

Arthur Keefe for watching the Ground & Improvements
at the Battery ....................................... 6:17:



The Justices of the 10 Court .......................... $456

James Culbertson City Watch ......................... 85 : 4 : 6

iss d Nichs Lawrence for the like ........................... 85 : 4 : 6

issd Hugh Gobell for the like .............................. 62 : 2 : 6

issd Magnus Beekman for the like ......................... 62 : 2 : 6

issd John M c Comb for paving the Angle of Augustus Street 9: 9:7



14 Feb. 1799 COMMON COUNCIL MlNUTES 511

[437] City of ] ss At a Common Council held on Thurs-

New York j day the 14 th feb* 1799

Present/ Richard Varick Esq r Mayor

T , TJ William Bayard 1

John Bogert ^ r . *

Gabriel Furman George Lindsay

Jacob De La Montagnie \ Es ^ S Aldn ^ Ca " ner f AssistS

rr, , n , Anthony Brown

Theophs Beekman J ., '

Mangle Mmthorn J

The Grand Jurors at the late Court of Gen 1 Sessions of the Peace
having presented to the Court that Nicholas Lawrence Cap* & David
Waldron his Assist 1 of the City Watch had treated John Cross Jun r
with extreme Inhumanity after after he had been apprehended by a
Wachman & brought to the Watch House

Ordered that they be notified respectively to attend this Board at
3 O'Clock on Monday afternoon next to answer and that M r Cross be
also notified to attend to substantiate the Charge

A Petition of Alex r Robertson & others Proprietors of Houses &
Lots in Barley Street & Ann Street East of Broad Way complaining
of the Regulation of those Streets by which they are to be filled up
& raised to such heighth as will ruin their Houses.

And a Petition of Philip Ruckle the undertaker of the Work were
respectively read & postponed 'till the next Meeting.

[438] Ordered that Ald n G Furman & Coles & M r Bayard be a
Committee to confer with the Commiss rs of the Health Office on the
Measures necessary to be taken for cleaning the Streets removing
& depositing the Dirt & Filth.

A Petition of John Holdron to renew his Lease of Paulus Hook
Ferry was read & postponed.

And Ald n Bogert & Mess rs Lindsay & Carmer were appointed a
Committee to enquire into & report the Rates which ought to be estab-
lished for Paulus Hook & Hoboock Ferries previous to the letting of
them for a further Term.

On a suggestion that Many Persons had violated the Law for regu-
lating Buildings to prevent Fires.

It was ordered that James Culbertson be appointed to commence
Prosecutions against all Persons who have or who shall offend against
the s d Law

Ordered that a notification be published requiring all Acc ts against
this B d to be exhibited within three Months viz 1 on the first Mondays
of May, August Nov r & February in every Year



512 CITY OF NEW YORK 18 Feb. 1799

Ordered that M r Mayor issue his Warr ts on the Treas r to pay.

iss d Joseph Webb for Repairs to Lamps .................... 3 : 1 : 6

John S Hunn towards a Well lately sunk in Murray

Street .............................................. 11:-:-

Bogert & Blauvelt for Repairs to public Pumps 6 th Ward 76 : 12 :



[439] City of ^ At a Common Council held on Monday

New YorkJ S: the 18 th feb^ 1799.

Present/ Richard Varick Esq r Mayor

John B Coles 1 George Lindsay "|

Gabriel Furman Nich s Carmer

John Bogert }-Esq r sAld n Anthony Brown ^-Assist 15

Theoph 8 Beekman William Bayard

Jacob De LaMontagnieJ Mangle Minthorn J

On reading a Petition of John Ireland

Ordered that Aid" Coles & Mess rs Minthorn & Bayard be a Com-
mittee to direct the fencing in with Boards so much of the Ground
used as the City public burying Ground as may be necessary and the
Residue of the said Ground with good Posts & Rails and also the
planting of Trees in & about the said Ground as they shall think
proper

A Letter from M r Oothout as Chairman of the Health Office on
the subject of the Acc ts of the Expences accrued last Year in conse-
quence of the Yellow Fever was read And Aid" G Furman & Coles
& M r Bayard were appointed a Committee to confer with the Commis-
sioners of the Health Office on the subject.

Ordered that the Ald n & Assist 1 of the 2 d & the Assist* of the 3 d
Wards be a Committee to examine the State of the Wharfs between
Wall Street and [440] the Fly Market & report to the Board what
further Improvements are necessary

Ordered that John Blagge as Proprietor of the Hay Scale in front
of the new Albany Bason on Hudson River be required to remove the
said Scale from that Place in fourteen Days or that this Board will
be under the necessity of taking other Measure for its removal to
prevent the obstruction & nuisance it occasions in the public Street.

The Treasurer according to Order presented to the Board a List or
Account, in a Book, of the Real Estate and Revenue of this Corpora-
tion which was examined & ordered to be filed.

The Board proceeded to the consideration of the complaint of
the Proprietors of Lots in Barley & Ann Streets East of the Broad
Way, as to the Regulation of those Streets agreed to & established on



18 Feb. 1799 COMMON COUNCIL MlNUTES 513

the 26 th day of June 1797 and after due consideration of the situation
of those Streets with the Streets & Grounds in the vicinity determined
that no better regulation of those Streets can be made and therefore
adhere to the said Regulation And direct that the Surveyors set posts or
Marks in the said Streets to shew the heighth to which they are re-
spectively to be raised.

[441] Ordered that Aid" Coles & Bogert & M r Bayard be a Com-
mittee to report what Allowance ought to be made to the Clerk of this
Board for his Services.

Ordered that the Clerk enquire of the Persons appointed for the
purpose what progress they have made in the Assessments for open-
ing Bancker Street & widening Beaver Lane.

Nicholas Lawrence Cap 1 of the City Watch & David Waldron his
Assist attended the Board agreable to the order of the last Meeting to
answer to the presentment of the Grand Jurors for inhuman treatment
towards John Cross Jun r in the Watch House and M r Cross also at-
tended And the Board having heard M r Cross on the subject of his
complaint and examined several Witnesses on Oath viz* Ab m Walker
James Bigham Alex r Black Stephen Carmer John J. Demarest on
the Part of Nicholas Lawrence & David Waldron in the presence &
hearing of all the Parties Do determine & adjudge the Complaint un-
supported.

Ordered that M r Mayor issue his Warr ts on the Treasurer to pay.

iss d James Culbertson for City Watch 85 : 4 : 6

iss d Nichs Lawrence for the like 95 : 4 : 6

iss'J Magnus Beekman for the like 62: 2: 6

issd Hugh Gobell for the like 62 : 2 : 6

Jacob J Lansing late Sheriff for Juro[r]s Fees to assess
i ss d the Ground taken to open & widen Bancker Street &

Beaver Lane 3:15: 6

i ss d Rinier Skaats for Salary & Disbursmts 21:10:-

i ss d Lindsay & Knox for flagging to Wells 3:17:-

i ss d David King for Beer

j ss d MicW Brooks for paints & glazing City Hall & Bridewell 16:14: '

i ss d W m Eagles Repairs to Lamps 8:11: '



514 CITY OF NEW YORK 25 Feb. 1799



[442] City of ^ At a Common Council held on Monday

New YorkJ SS< the 25 th February 1799.

Present/ Richard Varick Esquire Mayor

Richard Harison Esquire Recorder

Jacob De LaMontagnie'



T , r> George Lindsay ~|

John Bogert , '

Jotham Post I Esquires Bangle Mmthorn

John B. Coles f Aldermen Nicholas Canner

, . , William Bayard

Gabriel rurman _.

, ... , Anthony Brown J

Theophilus Beekman



The Mayor informed the Board That on Friday last M r Burr one of
the Members from this City in the Assembly of the State together with
John Murray Esq r as the President of the Chamber of Commerce,
Gulian Verplanck Esq r as the President of the Office of Discount and
Deposit of the Bank of the United States in this City, Peter H. Wend-
over as the President of the Mechanic Society together with Major
General Hamilton and John Broome Esq r , according to an Appoint-
ment by M r Burr, called on him and stated to him in the Presence of
the Recorder, who was also requested to attend for the purpose, that
great difficulties had arisen in the minds of the Members of the Legis-
lature touching the Powers requested to be vested in this Board, by
the Bill for supplying this City with Water and the Bill for investing
this Board with adequate Powers in relation to certain objects of im-
portance to the Health of the City : that it was Problematical whether
those Bills would Pass in the form Proposed and He therefore sub-
mitted the Propriety of this Board requesting the Legislature that if
those Bills respectively should not be deemed Proper in the form pro-
posed by the Board, the Legislature should make such Provisions on
the several Subjects thereof as to them should appear most eligible.

That after some Conversation with M r Burr and the other Gentle-
men accompanying him the Recorder and himself [443] requested that
their Propositions might be stated in Writing to be communicated to
the Board as on this day. And M r Recorder now laid before the
Board a Paper without Signature which he stated to the Board he had
received from Major General Hamilton as the Propositions for their
consideration this day, which being read

Resolved, That before the Board proceed upon the said Proposi-
tions they ought to be sanctioned by the Signature of the parties recom-
mending the same; And that the Nature and Circumstances of the
Difficulties which have attended the several applications made on the
behalf of this Board to the Legislature should also be stated.



25 Feb. 1799 COMMON COUNCIL MlNUTES 515

Resolved further that the above Resolution be communicated to
M r Burr and Major General Hamilton without delay; And as the
objects above alluded to are of great importance to the welfare of the
City, the Mayor be requested to call a special Meeting of this Board
as soon as he shall receive the Proper communications in consequence
of the above Resolution.

The Treasurer communicated to the Board that M r Dawson the
present Tenant in the Ferry House at Brooklyn declined keeping it
after the first day of May next at which time his Term expires
Ordered that the Clerk publish an Advertizement to receive written
proposals sealed 'till the 16 th March next. The highest Bidder to have
a Lease of the Premisses for three Years to pay all Taxes & the Rent
quarterly also to give satisfactory Security & reserving the Right to
M r Dawson to remove the Stable he erected on the Premisses.

[444] A Memorial of Isaac Man for payment of a ballance due him
on a quantity of Pine Logs, furnished the Corporation on a Contract
entered into in 1774, for Pipes to supply the City with Water was
read And the Committee to whom the investigation of this subject was
committed on a former application of M r Man signifying to the Board
that from the great lapse of Time & the not being able to have recourse
to the Books of Ace 1 & Papers which were taken away by M r Cruger
the then Treasurer of the Corporation who joined the British Army &
with them left this Country, they had not been able to obtain satis-
factory Evidence of the delivery of the Pine Logs agreable to the
said Contract nor of the payments which probably might have been
made to M r Man on ace 1 thereof ; The Board determined it their Duty
as Trustees for the public to leave M r Man to substantiate his Demand
by a suit at Law.

Hugh Gobell being about to remove from the Apartments in the
New Watch House And Henry Hide one of the City Marshalls apply-
ing for the use of those Apartments The Board agree that he may
occupy them on such Terms as the Aid" & Assist of the 6 th & the
Assist* of the 7 ts Wards shall Judge Reasonable.

[445] On a verbal Report of the Committee to examine the state
of the Wharfs between Wall Street & the Fly Market

Ordered that the Proprietors of the said Water Lots be res; Ac-
tively notified & required to cause those Water Lots and the Street of
70 feet wide in front of them to be compleatly made filled up with
wholesome Earth & finished by the 1 st day of March in the year 1800.

The Clerk presented to the Board a Release to Gilbert C Willet of
Lots N 1, 2, 3, 4, 10 & 11 of the Common Lands contain* in all 29



516 CITY or NEW YORK 25 Feb. 1799

Acres 3 Roads & 30 Perches sold to him in the Year 1789 which was
approved by the Board and it was ordered that the Common Seal be
affixed thereto and that M r Mayor subscribe the same on behalf of this
Board, to be delivered to M r Willet on his paying the consideration
Money with legal Interest on the several Installments from the time
they became due.

Ordered that Albert Kennard of the 6 th Ward Cartman be ap-
pointed a fireman to Engine N 19 vice Isaac Varian resigned.

John M c Niel being charged by the affidavit of a certain Mary
Wheeler of his being the Father of two illegitimate Children of which
she was delivered on the 3 d & 4 th Days of Dec r last [446] And for
which he stands bound by Recognizance to appear at the Court of
Gen 1 Sessions of the Peace Now comes by his Petition to this Board
setting forth among other Things that he has no property but de-
pends on a salary of 150 per Annum for support of himself & an aged
father of 80 Years of Age & a Sister with an Infant Child, who have
no Means of support but what is derived from him, that he cannot pos-
sibly raise beyond the Sum of forty Pounds towards the support of
those Children and therefore prays the Board to accept that Sum &
release him from his Recognizance Whereupon this Board do consider
that under all the circumstances of this Case it will be the public In-
terest to accept the Terms offered by M r M c Niel and that on his pay-
ing to the City Treasurer the Sum of forty Pounds he ought to be re-
leased from any further Trouble or Expence on ace* of the public in



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 2) → online text (page 45 of 64)