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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 7) online

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or Possessors of each and every vessel and small craft which shall
come into or lie at or in any of the Docks Wharves Piers or Slips
within the limits of the said City & belonging to the said Mayor Alder-
men & Commonalty of the said City.

In the month of February last the Corporation purchased from
Colonel Varick certain Wharves and Slips between Dey Street & Par-
tition Street.

M r Smith now contends that bv virtue of his Lease he is entitled

j

to receive the Wharfage &c a from the property purchased from Col 1
Varick & the opinion of the Counsel of the Corporation is desired
thereupon.

Answer,

I have examined this case with considerable attention & think that
M r Smith has no legal claim to the Wharfage from this property.
If the Legislature should see fit to encrease the Rates or fees payable
by the Masters [148] or Owners of vessels which shall come into or
lie at or in any of the Docks \Vharves Piers or Slips which belonged
to the said Corporation at the time of the execution of this Lease,
I have no doubt but that the Lessee would be entitled to the whole
of those fees : But I cannot conceive on what principle the Lessee
can become entitled to the profits of Piers or Slips which could not
be demised to him, as they did not at the time of the demise belong
to the Lessors.

If the Rent paid by M r Smith was intended as an equivalent for
the property then belonging to the Corporation; & if under this lease
he is permitted to take the profits of subsequent purchases, he will re-
ceive those profits without paying any compensation therefor.

D. S Jones

June 1 st 1812.

Which was agreed to & ordered to be filed.

Also Ordered that John Bonsall Jun r late Wharfinger of M r Varick
be requested to collect the Wharfage that shall become due for the
Docks & Wharves belonging to that property for and on account
of this Corporation

Also ordered that the Comptroller be directed to call upon M r
Smith the Lessee of Slips for an account of the sums which he has
received for wharfage of said property since the same has been pur-
chased by this Corporation.



1 June 1812 COMMON COUNCIL MlNUTES 161

The Street Commissioner & City Inspector on the [149] Petition of
George Peck complaining of irregularity of of lots in James' Street
reported that upon a view of the premises it appears that no part
requires the interference of the Common Council & therefore recom-
mend that petitioner have leave to withdraw his petition, which was
agreed to.

The following report on the account of Waters Furman late Super-
intendant of Streets & of the sums due for Street manure was pre-
sented by the Comptroller

" The Subscriber respectfully reports to the Board that he has
examined the accounts of Waters Furman Superintendant of Streets
Eastern District from 13 April 1810 to 9 th April 1812 with the
vouchers accompanying them. By these accounts there appears a
balance of $2015.56 due the Corporation including all the outstanding
debts. A list of these debts exhibited amount to $1813.38 on the 9 th
of April last, part of which has been since collected. On the sugges-
tion of the subscriber in order to effect a speedy & final settlement, a
proposition has been made by M r Furman to the following purport;
to assume the risk and collection of all the outstanding debts for $150
which will leave $1865.56 balance in favor of the Corporation. He
will pay $600 in Cash $630 by an endorsed note at 60 days from the
11 th May last and $635.56 by an endorsed note at four months from
same date.

[150] The Board will judge of the expediency of acceeding to this
proposition, in preference to the delay & risk unavoidably attending the
collection of a number of small accounts distributed in various quar-
ters. But if otherwise determined it would be best to leave the col-
lection with M r Furman allowing him the usual Commission of five
P Cent, on the amount collected.

Respectfully submitted

June 1 st 1812 (S d ) G. N. Bleecker Compf

Whereupon Resolved that the proposal of M r Furman be accepted
& that the Comptroller be authorized to negotiate the same with him.

A Communication from Richard Furman Superintendant of the
Alms House enclosing an account for sundry sums which had been
expended by Aldermen Buckmaster & Cunningham during the past
Winter for the relief of indigent poor & which had been presented to
him for payment, but which he had declined doing & requesting the
orders of the Board on the subject was read & referred to Mess
Hawes King & Lawrence



162 CITY OF NEW YORK 1 June 1812

[151] A Resolution of the Board of Health recommending that the
Ordinance establishing a Board of Health, be so amended, that the
quorum for the despatch of the ordinary Official business of the board
be reduced to three, was read & on the question of agreeing to the
same, it passed in the Negative.

The Committee upon the remonstrance against the Assessment for
filling in Peck Slip Reported

" That they have taken the subject committed to them into con-
sideration, and are of opinion that it will be adviseable to set aside
the Assessment in question, and that an Assessment be made de novo
by the Assessors heretofore appointed for that purpose, which your
Committee accordingly recommend. Which is respectfully submitted

Elisha W. King
June 1. 1812.

Peter Hawes.

which was agreed to & it was referred to the former Assessors to make
a new Assessment.

The Street Commissioner presented an Ordinance for a drain &
paving the Street at Beekman Slip which was passed and the rule being
dispensed with, John Mowatt Jun r James Masterton, Jehiel Jaggar
William Stilwell & Garrit H. Van Wagenen, were appointed Assessors.

[152] The Street Commissioner presented a return of delinquents
on the Assessment for regulating & improving Broome Street from
Suffolk to Mangin Street Whereupon ordered that a Warrant issue to
the Collector for collection of the same.

The Committee to whom was referred the consideration of the pro-
priety of fencing in a part of the public grounds between Elm Street
and the Arsenal, reported that they are of opinion that the Superinten-
dant of Repairs should be directed to fill up & fence the vacant space
between the ground at present occupied by him & Collect Street of the
same width as the aforesaid enclosure.

Which is respectfully submitted

Josiah Hedden

June 1. 1812. , <-.,., ,, Cf ^ _

Sam 1 Stilwell S* Comss r

which was agreed to.

The Council of the Board agreably to direction reported a Memo-
rial & Bill on the subject of amendment to the law regulating the Ferry
between New York & Nassau Island which having been read was
agreed to & directed to be duly authenticated & forwarded to his
Honor the Mayor now attending the Legislature at Albany, with a re-
quest that the same might be presented.



1 June 1812 COMMON COUNCIL MlNUTES 163

[153] Alderman Mesier from the Market Committee presented the
following Report,

" The Market Committee have again had the subject of erecting
a new market on the west side of the City under consideration. From
the Corporation having confirmed their former report of the tenth
day of february last on this subject they presume that the principle
therein laid down, both as to building the market, & also as to appro-
priating certain property to defray the expence thereof was in a
manner acquiesced in. And that to perfect so necessary & valuable
an object nothing remains but to adopt a plan on which the said market
should be built, and appropriating the property alluded to, & directing
the manner in which the same shall be disposed of.

Your Committee are persuaded that the Lots belonging to the Cor-
poration on the West side of the present Hudson market, together
with the ground in front thereof up to the line of Greenwich Street,
will if judiciously laid out & disposed of constitute a fund sufficient
to erect an accommodating market on a spacious & elegant plan with
little or no inconvenience, and therefore they recommend that said
lots be sold at public auction on the day of

and that the proceeds thereof be appropriated to the building a Market
in that part of the City.

As the Leases on said lots will expire on the [154] first day of
April next, it will, (to meet the convenience both of the purchasers,
the Corporation and that neighborhood) be adviseable, that the build-
ing of the contemplated market should progress as soon as possible, &
that so much at least of the new building should be finished by that
time as would accommodate the neighborhood with Butchers, Vegetable
dealers & fishermen.

Your Committee therefore recommend that said market be built in
conformity with the plan herewith submitted & on a scale of such
dimensions as when completed will occupy the square bounded by
Washington, West, Partition & Vesey Streets & forming a hollow
square in the center for the resort and convenience of the Vegetable
& Fruit dealers Also that some suitable Committee be fully charged
with the Execution of the objects recommended in this report.

All which is respectfully submitted
Peter Mesier
Augustine H. Lawrence

June 1 st 1812. Michael M. Titus

John Pell
Josiah Hedden



164 CITY OF NEW YORK 1 June 1812

Which was approved and it was referred to the Market Committee to
carry the same into effect.

[155] Resolved that it be referred to the Alderman & Assistant of
the 9 th Ward to enquire into facts alledged, respecting the removal of
fences enclosing the ground lately purchased by this Common Council
from Michael Weims & give the necessary instructions to the Attorney
of the Board on the subject.

Resolved that the Committee on the Inclenbergh lots be authorized
to enclose the same in fence.

Resolved that the Committee appointed to furnish the Common
Council Chamber be requested to proceed in the same with all possible
despatch.

Resolved that the 3 d Section of the Law concerning Dogs in the
15 & 16 th lines be amended by inserting instead of the words "one
month " the words twenty days.

The Comptroller Reported

Cash in the Treasury 11'248.39

Warrants not presented 2438 . 75



Bal $8809.64



Whereupon Resolved that his honor the Recorder be requested to
issue his Warrants to pay the following accounts Viz

[156] Jacob P. Roome Supd* of Repairs 1 Qr Salx 1 s * ins 225.

James Hardie Assist* City Inspector 1 Mo 62.50

R. Graves Ass* S f Comssioner do " 65.

Mott Hicks Deputy do & expences at Peck SI 57.75

Adrian B. Holmes do do " 52.

Samuel Green do 11 days to 1 st inst " 22.

B. Skaats to pay for Segars from 24 febx 39.

James Warner Sp : Justice 1 Q r Sal : to 26 May 250.

Charles Christian do do 250.

Christian Schultz do 79 days do 216.43

Bernard Oblenis Clerk Police Office 1 Q/ 250.

R. Stevens Assist* do do " 125.

Jacob Hays High Constable for Officers attends: the Police on special

occasions to 26 May 106. 8

J. W. Mulligan & other Inspectors Election 2 d W d 24.

J. Green & J. B Piquet Officers at Election 3 Ward for Assessor in

May last 6.

Striker & Dusenbury 8 Sundays ea : 5 th Ward 24.

Peters & Snow 6 do 4 do 9.

Alex r Smith for heirs of Danl Smith, bal ce for ground & buildings

taken to open Washington Street 238.



15 June 1812 COMMON COUNCIL MlNUTES



165



John Bailey on ace* paving 4 th Street 100.

John P. Ritter & others Assesss Columbia Strt 50.

H. A. & J. G. Coster Int* on Canal St Bond 1 Yr 834. 1

J. H. Sickels Treasurer New City Hall 2500.

R. Furman do New Alms House. . 2200.



Balce $1057.37



$7752.27



[157] In Common Council June 8 th 1812.
Present Pierre C. Van Wyck Esq r Recorder President



Charles Dickinson

Richard Cunningham

John Morss r Aldermen

Nicholas Fish

John Pell.



Peter Hawes
August 6 H. Lawrence
Josiah Hedden
William J. Waldron



[Assistants



A sufficient number of the Members not appearing to form a
Quorum the Recorder adjourned the Board to meet on Monday next.

[158] In Common Council June 15 th 1812.
Present Pierre C. Van Wyck Esq r Recorder President.



Peter Mesier
Charles Dickinson
Richard Cunningham
John Morss
George Buckmaster
Peter H. Wendover
Nicholas Fish
John Pell.



Peter Hawes
August 6 H. Lawrence
Elisha W. King
George Wilson
Aldermen Josiah Hedden

Michael M. Titus
William J. Waldron
William A. Hardenbrook
John Drake.



Assistants



The Minutes of the 1 st instant were read & approved and it was
ordered that the names of the members attending on the 8 th inst be
entered on the Minutes.

An account of Stephen Ludlum & other assessors for opening
Collect Street was presented & was referred to the Committee on
Assessments ; and it was

Resolved that in future all accounts for services on Assessments
shall be audited by the Committee on Assm ts

A Petition from Fire Engine N 25 stating that y r Engine was old
& unserviceable & praying that a [159] new one might be granted to
them was read & referred to the Committee on the Fire Department.



166 CITY OF NEW YORK 15 June 1812

And a petition from Fire Engine Company N 21, praying for 300
feet new hose & also for repairs to their Engine was referred to the
Committee on the Fire Department & Chief Engineer.

The Clerk of the Common Council laid before the Board a Copy
of the return made by the Inspectors of the Election held on the 26.
27. & 28 th days of May last in the 3 d Ward for an Assessor in said
Ward certified [by] Garrit Gilbert Clerk of the City & County of New
York by which it appeared that Leonard Kip had a majority of votes
& was duly elected Assessor of said ward which was directed to be
filed, & notice thereof to be given to the said Leonard Kip that he
might take the oaths prescribed by law.

A Petition was rec'd from John Colvill praying to be permitted
to stop Courtlandt Street for a few days while constructing a vault
in said Street was referred to the Alderman & Assistant of 3 d Ward
with authority to grant the same if in their opinion proper.

Petitions were rec'd from Sophia Usher & Eliza Usher praying
permission to erect a suitable place in the vicinity of the City Hall
for the purpose of vending Mineral waters [160] were read and
referred to the Building Committee with authority to grant the prayers
of both or of either of the Petitioners if in their opinion proper.

The Clerk of the Common Council laid before the Board certified
Copies of the following Acts of the Legislature passed at their last
Session, which had been transmitted by his Honor the Mayor, Viz,

An Act for the more effectual prevention of fires and to regulate
buildings in the City of New York passed 1 st June 1812.

An Act to enable the Mayor Recorder & Aldermen of the City of
New York to raise monies by Tax & for other purposes passed the
1 st June 1812 &

An Act to regulate the Finances of the City of New York passed
the 8 th June 1812.

Which were referred to the Committee on Laws & Ordinances
with a direction to publish such parts of said laws as they should
judge proper.

A Complaint of William D. Lawrence Captain of United States
Infantry & others respecting the conduct of John Farrington one of
the Captains of the City Watch was read & referred to the Watch
Committee & M r Titus.

Petitions from James Bowman, Margaret [161] Magrath, Mary
Ryan & Eliza Harman for Huckster Stands in the Market & from
W m Hyde & John Trappall Butchers for permission to sell meat by



15 June 1812 COMMON COUNCIL MlNUTES 167

the Quarter in the lower Flymarket were read & referred to the
Market Committee.

A Letter from Jacob Hays High Constable was read stating that
for the exercise of his duty in enforcing the law for the observance
of the Sabbath, an action had been commenced against him by one
Adam Mace & praying that the Common Council would direct their
Attorney to defend the said suit at their expence; Whereupon
Resolved that the prayer of the said Petition be granted & that the
Attorney of the Corporation be directed to defend the said suit at the
expence of the Com: Council.

A request of Duncan M c Euen to be permitted to lay a conduit
pipe under ground from the United States Arsenal yard in State
Street to the Fort at the Battery for the purpose of supplying the said
Fort with water was read & referred to the Committee of Defence
with authority to grant the prayer of the petition if in their opinion
proper.

A Petition that Sugar Loaf Street may be regulated & paved from
Broadway to Church Street was read & referred to the Street Com-
missioner.

[162] A Petition of Richard O. Pearsall to be appointed a Meas-
urer of Grain &c a in place of his Brother Samuel G. Pearsall was
read & granted.

A representation from Jacob Hays High Constable was read,
stating that on Sunday last the Store of John Waters was kept open
& a number of persons in the same, that said Waters stood in the
door & prevented any of the Peace Officers from looking into the
store, Whereupon Ordered that the same be referred to the Recorder
with a recommendation that if upon examination the facts were found
as stated that the Tavern Licence of said Waters be taken from him.

The City Inspector presented drafts of Ordinances for correction
of sundry nuisances from N 458 to N 495 which were passed

The City Inspector presented the following statement respecting a
nuisance at the end of the Hudson Fish Market " that the same has
been examined by the Assistant City Inspector & from his report it
appears that the Complaint exists on a lot owned by a M r Martin
Ryerson of New Jersey adjoining to which M r Joshua Jones is dock-
ing out that M r Ryerson has been applied to, to fill in his lot but has
hitherto [163] neglected to do it As the situation of the lot is
offensive to the neighborhood, the City Inspector recommends that
an Ordinance issue directing M r Ryerson to fill in the lot & in case of



168 CITY or NEW YOKK 15 June 1812

non compliance that it be filled in by direction of the Corporation &
the expence remain a Lien on the land.

Which is respectfully submitted

June 15. 1812 J. Morton City Inspector

which was approved & an Ordinance passed accordingly.

The City Inspector represented that the Drain at the foot of
Roosevelt Street required to be cleansed, \\ hereupon Resolved that
the Superintendant of Repairs take measures for cleaning that and
any other public Drain that may require cleaning.

A Petition was rec'd from Dominick Lynch stating that in the
year 1810 the Petitioner by order of the Board sunk a bulkhead
opposite to his property between Youles furnace & Walnut Street on
the East River. That the Corporation made a reservation in front of
the property of Petitioner for a Public Slip & have since that time
enjoyed the fees for wharfage of the same ; that the petitioner
advanced the whole of the money for the Corporations proportion of
the expences thereof & he therefore prays that he may now be reim-
bursed for the same Ordered that the same be referred to the Alder-
man & [164] Assistant of the 7 th Ward the Comptroller & Street
Commissioner

A Letter from T L Ogden Clerk of the Corporation of Trinity
Church in answer to a letter written by the Clerk of the Common
Council to said Corporation was read as follows

New York 5 th June 1812
Sir

Your letter to the Vestry of Trinity Church was submitted to them
at their last meeting.

I am directed to inform you that the Vestry cannot consent to the
erection of an Engine House in the situation designated, and to
express to you their regret at not being able to afford the desired
accommodation to the Common Council

I am very respectfully

Your Most Obd 1 Serv*

J Morton Es r T L Ogden

Clk of the Com: Council.

which was ordered to be filed.

The following Presentment of the Grand Jury was read

" The Grand Jury for the body of the City & County of New York

having visited the prisons suggest to the Court, that in the Bridewell,



15 June 1812 COMMON COUNCIL MlNUTES 169

the two rooms one of which contains sixty one white females & the
other thirty six black females are not sufficiently large [165] for that
number of persons, that in the opinion of the Grand Jury this might
be remedied by repairing the roof of a wing of the said Bridewell
which is now unoccupied for the want of that repair & which if
repaired would afford sufficient room for the comfortable accommo-
dation of all the prisoners. As to cleanliness & every other particular
necessary or possible for the comfort & health of the prisoners the
Grand Jury find that the Bridewell is in as good situation as was
reasonably to be expected. The Grand Jury found in the Bridewell
only two or three persons sick & those not dangerously.

The Jury have also been thro' the Jail & find it cleanly & well
ordered with no sickness in it of much importance

They have also viewed the place called the Collect & here they
find much to complain of ; besides great quantities of stagnant water
it seems to be made the common place of deposit for dead animals &
filth of all kinds, where they are left to, corrupt the air and endanger
the health of the City; besides all this, the Cellars in the neighbor-
hood & particularly in the lower end of Orange Street are filled with
water, w ch from its appearance has been in them some time, for all
which reasons they present the said Collect as a public nuisance to
the City

s d John Aspinwall

New York 11. June 1812 Foreman

[166] Whereupon Resolved that that part relating to the Bridewell
be referred to the Bridewell Committee & that part relating to the
Collect to the Alderman & Assistant of the Sixth Ward & City
Inspector.

A Petition of James Byrne for permission to sell goods at Auction
in Chatham Street & a Memorial from Sundry Constables in the City
praying that the Sales of Furniture &c a may be permitted at said place
were read & referred to the Aldermen of the 4 th 6 th 7 th & 10 th Wards.
The Council of the Board made the following Communication
" The Counsel of the Board has the honor to lay before the
Common Council a Deed which John N. Weathershine and Catharine
his wife have executed to the Corporation for a piece of ground in
the sixth ward between Augustus Street & Chatham Street and a
Deed to be executed by the Corporation to the said Weathershine for
another piece of ground contiguous thereto he also lays before the
Common Council a surrender of the lease which M r William



170 CITY OF NEW YORK 15 June 1812

Mooney held for lot N twenty five which included the ground
intended to be conveyed to Weathershine and also a lease to be
executed to M r Mooney for the remaining part of his former lot &
this ground [167] conveyed by \Yeathershine A counterpart of which
Lease M r Mooney has already executed & is herewith presented.

These Conveyances are in conformity with the Report lately made
by the Street Commissioner & Comptroller (& accepted by the Board)
on the subject of a pro[po]sed exchange between the Corporation &
M r Weathershine.

June 15 th 1812. s d D. S. Jones "

Whereupon Ordered that the Deeds & Lease to be given on the
part of this Corporation be duly executed.

A Petition of William Mooney praying that a small triangular
spot of ground of about seven feet by four & a half feet, fronting the
lot leased to him, might be included in his Lease was read & referred
to the Street Commissioner & Attorney with authority to grant the
prayer of the petition if in their opinion adviseable.

An account of William Mooney for ground taken to open Chamber
Street amounting to $850 which he prays might be paid to him or
allowed in the account of the Corporation against him was read &
referred to the Comptroller with authority to settle the same.

A request of the Board of Health that $500 might be advanced
to them for payment of sundry accounts was read Whereupon
Resolved that the Comptroller Report a Warrant for that sum.

[168] The Street Commissioner presented the draft of an Ordi-
nance for regulating & repaving part of Banker Street, Oak St l &
Batavia lane which was passed and the rule being dispensed with
Ezekiel Bishop, Solomon Wheeler, Stephen Kingsland, Abraham Hart
& William Stilwell were appointed Assessors.



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