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[182] In Common Council, November 21, 1803
Present Dewitt Clinton Esquire. Mayor



Mangle Minthorne



Henry Brevoort
Clarkson Crolius



John Oothout Robert Bogardus

\\ ynant Van Zandt Jun 1
Philip Brasher



Esquires Andrew



Aldermen



Ebenezer Stevens



Assistants



Joshua Barker Jacob Le Roy

Caleb S Riggs. j

A petition of William J Forbes praying that he may be appointed
an Inspector of wood was received and its consideration postponed

A petition from a number of Inhabitants of East Georges Street
stating that the Inhabitants are incommoded by a number of Houses
of ill fame, the same was submitted to the Mayor to take such order
thereon as the Law directs

Ordered that James Quackenbos be and he is hereby reappointed
Inspector of bread

A report was received from the Street Commissioner in relation to
the laying out and regulation of new streets. Ordered that the same
together with a former report on that subject be referred to Alder-
man Brasher [183] M r Bogardus and M r Riggs in conjunction with
the Comptroller and Street Commissioner

The Committee appointed to audit the Comptrollers account for
monies expended during the late Epidemic reported as follows to wit.
Ordered that the said report be approved of, and confirmed

1 The Committee appointed to audit the Comptrollers account for
monies expended during the late Epidemic beg leave to report

That on the 11 th of August last the Comptroller received from this
Board the sum of Ten thousand dollars and on the 30 th of September
last the further sum of Five thousand dollars amounting together to
Fifteen thousand dollars to be applied to the payment of certain con-
tingent charges. The Committee have examined the Comptrollers
general account & compared the vouchers with the same which they



394



CITY OF NEW YORK



21 Nov. 1803



find correct from which it appears that there has been expended for
the purposes aforesaid the sum of Fourteen thousand nine hundred
eighty six dollars and 83 Cents and that the sum of Thirteen dollars
& 17 Cents balance due the board has been paid by the Comptroller
into the Treasury. The Committee have with much satisfaction ob-
served that the monies expended have been applied to the proper
objects with strict regard to oeconomy and the public benefit. All
which is respectfully submitted by.

Wynant Van Zandt Jr
John Oothout
Jacob Le Roy.

The Clerk presented to the board the poll lists taken at the last
Election for Charter Officers by which it appears that the following
officers [184] are returned to be elected in the several wards respec-
tively, to wit. In the



First ward.

Wynant Van Zandt Jun r

Esquire Alderman



Third ward.



John Bogert Esq r
Jacob Le Roy Esq r



Alderman
Assistant



Andrew Morris Esq r



Assistant

Assessors
Collector

Constables



> Assessors
Collector

[ Constables



Second ward.



Philip Brasher Esq r
Caleb S Riggs Esq r



Alderman
Assistant

' Assessors

Collector
i
Constables



Fourth ward.

John P. Ritter Esqr
Robert Bogardus Esq r



[185] Fifth ward.

Jacob De la Montagnie

Esquire. Alderman
Joseph Board Esq r Assistant

r Assessors
Collector

r Constables



Alderman
Assistant

-Assessor
I
Collector

[ Constables



Seventh ward.

Mangle Minthorne Esquire Alderman
John Beekman Esq r Assistant



John Townsend
Matthew Bunce



r Assessors
Collector

> Constables



21 Nov. 1803 COMMON COUNCIL MINUTES



395



Sixth ward.

George Janeway. Esquire.
Clarkson Crolius. Esquire.



Alderman
Assistant

Assessors

Collector
i
Constables



Eighth ward.

Jacob Morton Esquire. Alderman
Whitehead Fish Esquire. Assistant



George Schmeltzel
David Deas
Joseph Watkins



Assessors
Collector

Constables



[186] Ninth ward.
Jacob Harsen Esquire Alderman



James Striker Esquire



Assistant



Assessors
Collector

Constables



The Committee to whom was referred the petition of several of
the auctioneers praying an alteration of the late ordinance regulating
sales at auction as far as the same relates to Household furniture. Re-
ported, that the late ordinance for regulating sales of Furniture at
auction has been generally attended with the most beneficial effects
to the Public, that if the system therein laid down is adhered to it
will eventually prove a benefit instead of an injury to the auctioneers,
as the attention of persons wishing to purchase Furniture will be
drawn to certain places designated in the Law, & as many of the
auctioneers have made arrangements to Comply with the same your
Committee deem it highly improper to make any alterations in the ordi-
nance the benefits of which are to be partially applied. All which is
submitted to the consideration of the board, by

Wynant Van Zandt J r
John Oothout.

Ordered that the said report be confirmed and the prayer of the
petition rejected

[187] A petition of Adam Pintz for the office of Measurer was
received and postponed.

Ordered that Alderman Brasher be appointed a Committee to re-
port such measures for the completion of the Jury lists in the respec-
tive wards of this City without delay as he may deem expedient

An assessment for paving and regulating Cherry Street between
George and East Rutgers Street, was received and confirmed. Or-
dered that Thomas Whitelaw be authorized to collect the monies due
thereon.



396 CITY OF NEW YORK 21 Nov. 1803

The Superintendant of the Alms House having requested a
Is d War 1 Credit of $8000. for the use of that establishment. Ordered
N 624. that the same be granted and that the Mayor issue a War-
rant on the Treasury for the aforesaid sum accordingly

An account of the Superintendant of the Alms House of expendi-
tures made by him by order and upon account of the health Commit-
tee during the late Epidemic being received, together with a report of
the Committee appointed to examine the said account which said
report is in the words following to wit

The Committee appointed to examine and report to the board the
amount of expenditures that have accrued in consequence of the late
Epidemic and the funds from which such expences were paid herewith
lay before the board an amount [account] thereof from which it ap-
pears that the sum of Sixteen thousand five hundred & thirty four
Dollars and forty seven cents have been expended of which sum the
Corporation have advanced Eleven thousand five hundred Dollars, that
there has been received for Lime Fourteen Dollars twenty five cents,
and also for donations Sixteen hundred & forty one dollars, and
seventy seven Cents and that there is a balance due the Superinten-
da[n]t of the Alms house the sum of Three thousand three [188]
hundred and seventy eight Dollars, and forty five cents.

November 21, 1803.

Wynant Van Zandt Jr.
Joshua Barker
Mangle Minthorne

Ordered that the said report be confirmed and that the Mayor

Is d War 1 issue his warrant on the Treasurer, in favor of the Super-

N 625 intendant of the Alms house for such balance reported to

be due by the said Committee

The following persons were appointed Firemen to wit.
James Mackery, N 382 Pearl Street, Carver and Gilder to Com-
pany N 12 in the room of John Ashfield resigned.

George Hunter, grocer of the 2 nd ward to Engine N 13 instead of
John Murphy resigned.

James T. Stuart, grocer N 10 William Street & Richard Ten

Eyck, Block-maker N 35 South Street to Company N 9 in the place

of James Stuart appointed Engineer and of David Wagstaff resigned

Charles Osborn, Ironmonger of the second ward to Engine N 13

in the room of Samuel Prior discharged for neglect of duty.



21 Nov. 1803 COMMON COUNCIL MINUTES 397

Kemeys Shaw to Company N 26 in the place of Thomas Vail
who declines serving

The Comptroller presented a Lease from the Corporation to John
Murray of the Lot near the Powder House in pursuance of the order
of the Board. Ordered that the same be approved, and the Common
Seal of the Corporation affixed thereto.

[189] Joseph Hasburn a Watchman in Hays's Company was dis-
missed.

The Treasurer, presented an account of the balance remaining in
his hands from intestate Estates. Ordered that the same be filed.

A petition from Joshua Barker Esquire one of the Candidates for
the office of Alderman of the fifth ward stating his opinion that Jacob
De la Montagnie Esquire the opposite Candidate and who has been
returned as elected, is not eligible to hold that office, on account of
his being one of the Special Justices appointed to keep the peace and
praying the decision of the Common Council thereon, and also pray-
ing a Scrutiny of the votes taken for Charter Officers at the last elec-
tion in the said ward. On reading and filing the said petition of
Joshua Barker Ordered that the Common Council meet on Thursday
evening next at 7 o'clock at the City hall of the City of New york to
hear the parties therein named by themselves or their Counsel. And
that the Clerk notify the said Joshua Barker and Jacob De la Mon-
tagnie thereof And it is further Ordered that the Clerk without delay
serve a Copy of the said petition on the said Jacob De la Montagnie
and a copy of this order on each of the said parties

A petition from William Welling stating that he has taken a part
of the Jury list in the late seventh ward and requesting compensation
for the time he has employed in that service was received and
referred to the Comptroller

The following report was received to wit

[190] The Committee to whom it was referred to consider and
report what applications ought to be made to the Legislature at the
next meeting thereof for the enacting & amending Laws respecting
the rights of the Mayor Aldermen and Commonalty of the City of
New York and for the better government and regulation of the said
City Report that it has become a serious question whether under the
Act of the Legislature entitled " an Act to regulate the buildings
streets wharves and Slips in the City of New york " The Mayor
Aldermen and Commonalty of the City of New York are, or are not
to be considered the proprietors of so much of the Slips both on the
East and North river as are formed by extending Piers and bridges



398 CITY OF NEW YORK 21 Nov. 1803

into the Rivers beyond the permanent line, or Seventy feet street, and
entitled to the slipage or wharfage arising from the sides of such
piers as adjoin and form a continuation of the public slips And par-
ticularly doubts have been suggested and contentions are likely to take
place where the piers and bridges in front of the Seventy feet street
have or may have been placed back so as not to form a continuation
of the lines of the slips above the permanent line, and which have
been so placed with a view to widen the slips at the outer end thereof.
Doubts are also entertained respecting the construction of the Seventh
section of the said Act of the Legislature as to whether all the pro-
prietors of Lots in one Block or square where a Pier or Piers are di-
rected to be erected in Front [190] front of the Seventy feet streets
shall refuse before the Mayor Aldermen and Commonalty of the
City of New york are authorized to erect the same and take the
profits thereof, or whether if part of the proprietors consent and the
others refuse the Mayor Aldermen and Commonalty may stand in
the places of the individuals who do refuse and in connection with
those who agree to erect the same and have a common interest with
them proportionally And it is matter of doubt also what shall be
deemed notice to the proprietors from the Corporation for building
such piers and bridges as well to those who reside in as to those who
reside out of the City of New york, and what shall be deemed evi-
dence of their neglect or refusal to make the said piers and bridges so
as to authorize the Mayor Aldermen and Commonalty to do the work
and be entitled to the emoluments thereof.

Your Committee therefore recommend that application be made
to the Legislature for an act to explain and amend the act aforesaid
in the particulars before mentioned And your Committee further
report that they are of opinion that the practice which has heretofore
obtained in this City of granting to the same person at the same time
the excise or licence to retail strong or spirituous liquors under five
gallons to be drank out of the House of the vendor and a licence as a
Tavern keeper or to retail Liquors to be drank in the house of the
vendor is attended with evil consequences to the community as there-
by the small groceries become dram shops where servants and the
lower orders of the community are supplied with strong drink at a
cheap rate and they are brought into habits of intoxication and their
morals corrupted. And the practice is considered by the respectable
grocers of this City who retail under five gallons to be drank out of
[192] their houses as improper and degrading to their characters as



21 Nov. 1803 COMMON COUNCIL MINUTES 399

appears by very respectable petitions heretofore presented by them
to this board

Your Committee therefore recommend that application be made to
the Legislature for a law to prevent any person at the same time
from having a licence to retail strong or spirituous liquors under five
gallons to be drank out of the house of the vendor and to keep a
tavern or to retail strong or spirituous liquors to be drank in the house
of the vendor

Your Committee therefore submit the following resolution
Resolved that a copy of this report be forthwith furnished to
Richard Harison Esquire the Counsel of this board and that he draw
the necessary petitions to the Legislature in conformity thereto, and
prepare the drafts of such acts as shall in his opinion be necessary
to be passed to remedy the evils and remove the doubts before recited.

Mangle Minthorne
Caleb S. Riggs
Ebenezer Stevens

Ordered that the said report be confirmed and the said resolution
pass the board

Resolved that a person be appointed by ballot to vote on the part
of this board at the next election for Directors of the Manhattan
Company The board having proceeded to Ballot, Alderman Brasher
having the greatest number of [193] votes was appointed accordingly.
Thereupon resolved that the Common Seal of this board be affixed to
a Copy of the resolution authorizing Philip Brasher to vote on behalf
of the Mayor Aldermen, and Commonalty of the City of New York
at the next election for twelve Directors of the Manhattan company
and that the Mayor subscribe the same in behalf of this board.

Ordered that the Mayor issue Warrants on the Treasurer to pay

Is* Warrts

N s 626 Israel Haviland for repairing Hose $428.29

627 Charles Van Orden for a quarters rent of a room for

City Watch 25.

628 John Farrington for attending to enforce Sunday Law.. 4.

629 John Concklin the same .. 3.

630 Israel Haviland for new Fire buckets 1125.

631 Jacob Hays for City watch 118.30

632 Charles Van Orden ditto 118.30

633 William Van Wart ditto 177. 10

634 Nics Lawrence ditto 177. 10

635 Nathan H Rockwell Ditto 147.70

636 Magnus Beekman do 147.70

637. Selah Strong for the Clerks at the last election 18.



Assistants



400 CITY OF NEW YORK 24 Nov. 1803

[194] In Common Council November 24 th 1803

Present. Dewitt Clinton Esquire Mayor

John B. Prevost Esquire. Recorder

Jacob Le Roy

John Oothout ") Clarkson Crolius

Philip Brasher I Esquires Ebenezer Stevens

Wynant Van Zandt Jun r f Aldermen Caleb S Riggs
Mangle Minthorne Robert Bogardus

Andrew Morris.

William Popham, Abijah Hammond and Richard Hatfield of the
County of Westchester Esquires, the Commissioners appointed by the
honorable James Kent, one of the Justices of the Supreme Court to
assess the damages done by the Manhattan Company to the Streets
of this City by laying their conduit pipes through the same and to
make report thereon to the said Court, having assessed the said dam-
ages at $6881. 1 %oo Ordered that the Counsel of this board be re-
quested to present the aforesaid report to the Supreme Court for
Confirmation, And that the said Commissioners be allowed the sum
of One hundred dollars each for their expences and services, and that
George Gosman and Anthony Steenback the Masons [195] employed
by them to assist in the performance of the said duty be likewise
allowed the sum of one hundred dollars each for their services. And
that the Mayor issue his Warrants on the Treasury for the said sums
accordingly

Ordered that the respective Candidates for the office of Alderman
of the fifth ward be heard either in person or by Counsel not exceed-
ing two on the part of each Candidate and that the proceedings there-
upon be public

Resolved that the contending parties for the office of Alderman of
the 5 th ward exchange lists containing the names of such persons as
they suppose to be objectionable and that such lists shall be accom-
panied with an oath or attestation, to wit.

I swear or affirm (as the case may be) that I believe that the per-
sons to whom I object as voters at the late election for the fifth ward
were not entitled to vote at that election

After hearing Counsel upon both sides upon the question whether
Jacob De la Montagnie Esquire is eligible to hold the office of Alder-
man upon account of his being a Special Justice of the peace in this
City Resolved as the sense of this board, that the exercise of the
office of Special Justice of the peace does not disqualify Jacob De la
Montagnie Esquire from holding the office of Alderman if duly elected



26 Nov. 1803 COMMON COUNCIL MINUTES 401

A petition was received from George J Warner one of the Candi-
dates for the office of Assistant of the Eighth ward praying that a
scrutiny of the votes [196] for that office taken at the late election
may be had Ordered that the said petition be filed, that Whitehead
Fish, the opposite candidate be furnished with a copy and that notice
be given to them that the board will meet on Saturday afternoon next
at three o'clock

In Common Council. November 26 th 1803
Present Dewitt Clinton Esquire Mayor
John Oothout



Wynant Van Zandt Jun r
John Bogert
John P Ritter
Joshua Barker



Mangle Minthorne



Jacob Le Roy

Clarkson Crolius
Esquires Robert Bogardus



Aldermen



Andrew Morris



Assistants



Caleb S Riggs. J

Philip Brasher.

The candidates for the office of Alderman of the fifth ward ap-
peared before the board and interchanged lists of the votes objected to
by them respectively

A petition from Isaac Clason for liberty to use a wharf at Char-
lotte Slip was received [197] and referred to the Street Commis-
sioner

A petition of William W Gilbert for a scrutiny of the votes taken
for the office of Alderman of the eighth ward was received Ordered
that the several applications of William W Gilbert and George J
Warner for a scrutiny of the Election for the offices of Alderman
and assistant of the eighth ward be granted. And that the several
candidates be notified to meet and exchange lists of votes objected to
by them, accompanied with an attestation similar to that directed to
be taken with respect to the votes in the fifth ward on Tuesday next
at five oclock in the afternoon or sooner if possible

Ordered that Thomas Brown be and he is hereby appointed Chief
Engineer of this City, and that he receive compensation for his
services from the time of the resignation of M r Hardenbrook

Ordered that the Clerk give notice to M r Brown of his appoint-
ment, and also that he notify Messieurs John B Dash jun r and James
Stuart of their appointment as Engineers

Resolved that a resolution of this board passed on the 16 th day of
May last authorizing the Street Commissioner to employ a person
under him as an assistant to discharge the duties of his office, be and
the same is hereby rescinded



402 CITY or NEW YORK 28 Nov. 1803

Resolved that the accounts of the person who has been hitherto so
employed for his services be audited by the Comptroller to the end
that the same be paid.

Resolved that the accounts of James Hardie [198] who has been
lately in the employ of the Health Committee for such his services be
audited by the Comptroller to the end that the same be paid

Resolved that the said James Hardie be taken into the employ of
this board as an assistant to, and under the superint en dance of the
Street Commissioner in the discharge of the duties of his office until
the further order of the board and that the Said James Hardie be en-
titled to receive at and after the rate of one dollar and fifty Cents
every day he shall be so employed.

In Common Council. November 28 th 1803

Present Dewitt Clinton Esquire Mayor

John B. Prevost Esquire Recorder
John Oothout



Philip Brasher
Mangle Minthorne



Clarkson Crolius
Esquires Caleb S Riggs



T 1 T"> T"> *ij_ *^v^fc*i OO

John ] Ritter Aldermen Andrew Morris



f Assistants



WynantVanZandtJunr
John Bogert
Joshua Barker



Brevoort



[199] A communication was received from several members of the
Society of Believers at New Lebanon and Hancock accompanied by
a very liberal donation for the relief of the poor in this City. Ordered
that the same be entered on the minutes and that the Mayor be re-
quested to express the thanks of the board upon the occasion with an
assurance that the donation shall be applied in the manner directed by
the Society.

[200] Blank page.

[201] A petition from William Edgar for the remission of a
penalty incurred by neglecting to fill in a Lot of ground pursuant to
an ordinance of the board was received and referred to the Street
Commissioner

An application from Abel Hardenbrook and John W. Harden-
brook to be continued in service for repairing the fire Engines was
received and ordered to lie on the Table

The Street Commissioner to whom was referred the the petition of
Isaac Clason praying the privilege of laying his ships along side of
Charlotte Slip



28 Nov. 1803 COMMON COUNCIL MINUTES 403

Reports that the facts stated in the petition are such as entitle M 1
Clason to every reasonable indulgence but as the permission prayed
for would contravene an ordinance of the Common Council, diminish
the utility of the Slip, and interfere with the rights of the person who
has leased from the Corporation the wharfage of all the public slips.
The Street Commissioner is of opinion that the prayer of the petition
ought not to be granted. And therefore begs leave to recommend that
the petitioner have leave to with draw his opinion. All which is re-
spectfully submitted Joseph Browne
Nov r 28 th 1803 S* Com r

Ordered that the said report be confirmed and that the said Isaac
Clason have leave to withdraw his petition accordingly

The Treasurers monthly account was received and ordered to be
filed.

[202] Edmund Fanning, Merchant N 9 Vandewater Street was
appointed a Fireman to Company N 18 in the place of John Franklin
junior Merchant resigned.

Charles Hewlitt N 78 South Street, to Company 4 in the place of
George Pick resign d

Dennis Doyle. Grocer. N 326 water Street to C N 17 in the place
of Stephen Allen resigned.

William H Jones N 5 Frankford Street to C N 4 in the place
of Leonard Rogers resigned.

John Casiler. Shipwright, N 77 Division Street to Company N
17 in the place of Alexander Gipson resigned.

James Always, to Company N 15 in the place of Caleb Schuyler
resigned.

Ordered that the Fire companies of which John B Dash jun r and
James Stuart were lately Foremen be requested to meet and appoint
Foremen in their places, and to inform this board of whom they
shall so appoint

The Comptroller having represented to the board that the City
Treasurer is in possession of certain notes formerly given to this
board by Joseph F Mangin and which have since been satisfied
Ordered that the City Treasurer be directed to deliver the said notes
to the said Joseph F Mangin to be cancelled

[203] Ordered that the keeper of the City hall be directed to
assign a room therein to the managers of the Lottery for the benefit
of the widows society for the purpose of drawing that Lottery

Ordered that the Mayor be authorized to issue a warrant for the
sum of $1500 in favor of John Oothout Esquire Chairman of the



404 CITY OF NEW YORK 29 Nov. 1803

Building Committee for the purpose of settling the accounts of the
same.

The Committee to whom was referred certain reports of the
Street Commissioner on the subject of a plan for the future Streets in
the vicinity of the City. Reported that the Map of the City lately
printed and ready for sale contains many inaccuracies and designates
streets which have not been agreed to by the Corporation and which



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 3) → online text (page 36 of 68)