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New York (N.Y.). Common Council.

Minutes of the Common Council of the City of New York, 1784-1831 (Volume 8) online

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A Petition from the measurers of grain praying an increase of
compensation was read the report of the Committee on that subject
presented on 6 th Nov r was called up and read [222] as follows

The Committee to whom was referred the Petition of sundry
measure [r]s of grain praying the fees now allowed them by law be
encreased

Report that they have had the subject under consideration and are
satisfied that the fees now allowed by law to the measurers of grain is
too small, the rate was established years ago, when the expense of
living and every kind of labour much lower than at present Your Com-
mittee therefore recommend that fees to the several measures of grain
in this City be encreased from seventy five to one Dollar on every
hundred Bushels

(Sig d ) GBuckmaster
E W King
J Mapes

Whereupon Resolved that the Report of the Committee be agreed
to and the Counsel was directed to report an amendment to the Ordi-
nance agreably thereto

A Remonstrance of a number of Inhabitants adjoining the Albany
Basin against a proposal which they understand has been made of
laying out into Building Lots and [223] selling the square on the west
side of Greenwich Street opposite the Albany Basin was read and
referred to the Counsel and Comptroller, to report

A Memorial of Benjamin E Smith complaining of an excessive
assessment of state Tax was read & ordered to lie on the Table

A Petition to open a Street from the intersection of North and
Cannon Streets to Stuyvesant St was read and refered to the Street
Committee and Street Commissioner

A Petition of James Vincent for purchase of a Lot near the Col-
lect, was read and referred to the Comptroller

A Communication was received from the Governors of the N York
Hospital stating the great increase of venerial Patients and enquiring
if some method may not be adopted to prevent the spreading of that
disease and advice as to the measure of admitting- patients of that de-
scription in the present crowded state of the Hospital Which was
referred to the Commissioners of the Alms House



29 Jan. 1816 COMMON COUNCIL MlNUTES 405

[224] A Representation of the Rev d J J Cook in behalf of Sarah
Jackson was read and referred to the Commissioners of the Alms
House

A Memorial was received from John Hibbert stating that in May
1806 the Corporation leased to him for 21 Years lot N 55 Chatham
St that he with the consent of the Board assigned the residue to
Michael Cashman that Cashman afterwards surrendered the lease
and obtained a new lease for the whole from the Corporation and
threatens to eject Vosburgh, and praying relief Ordered to be re-
ferred to the Counsel & Comptroller

A Memorial of William R Thurston praying to be allowed Interest
on the sum assessed to him for ground taken to open Fair St, Ordered
to be referred to the Comptroller with authority to settle the same
in such way as the facts, in his opinion Warrant

A Complaint of Robert Ferguson a Cartman against John King a
Butcher for not paying him for carting his winters Fuel was read and
referred to the Market Committee

[225] The Committee on the Petition for opening Water Street re-
ported That in their opinion the prayers of the Petitioners should be
granted and recommend that Water Street be regulated from Catharine
St to Pike St, and that said Water St be continued to Rutgers St
which being done will be a great convenience to persons resident in
that part of the City and the public generally

(Signed) G Buckmaster
Asa Mann

Resolved that the Street Commissioner be directed to bring in an
ordinance to be approved of at the next meeting of the Board
agreable to the above report and that the said ordinance be carried into
effect as soon as the ensuing Season will admit

Which was approved and the St Commiss r was ordered to report
an ordinance for carrying the same into effect

The Watch Committee Reported. That they beg leave to inform
the Common Council that two vacancies in the office of Captain of the
City Watch have been occasioned by death of Captains Brown and
Willis of the 2 d & 4 th [226] Districts, and the Committee respectfully
recommend the following persons to fill those vacancies viz

Silas Tobias Cap tn 2 d District

Ebenezer Chichester ass 4 D

William M c Laughlin Capt n 4 District

Mess rs Tobias & M c Laughlin are now Foremen of those Districts



406 CITY or NEW YORK 29 Jan. 1816

respectively. The Committee are not at present prepared to recom-
mend a suitable person for the office of assistant of the 4 th District

(Sig d ) E W King

Gideon Tucker
William Coulthard

Which was approved and the persons therein named were ap-
pointed to said offices

The Comptroller & Clerk of the Common Council to whom the
Petition of Bertram P Cruger was referred presented a statement of
facts which report, was referred to the Counsel & St Commiss 1 "

The Committee to whom was referred the subject of the me-
morial against the stand for Hack Carriages at Trinity Church pre-
sented a report, which was read and referred back [227] to the same
Committee for further consideration

The Committee to whom was referred the subject of the deposit of
manure reported

That they are still of opinion that the deposit of large quantities of
manure in and about the City is not only extremely offensive but in-
jurious to the health of the Citizens

They would therefore recommend the following regulations re-
specting that article viz

That the public contractors as well as private dealers, provide Boats
or vessels to receive and remove all manure as it shall be collected
(except so much as may be required for the cultivation of Gardens,
or Farms, on this Island and which shall not be deposited but on such
garden or Farm) that the private dealers have the following places as-
signed them for loading their Boats, viz, the westerly side of the West
Pier at White Hall Slip at any Wharf or pier on the North River
above Jay Street

That the public Contractors have two places assigned them for
the temporary deposit of Street manure only, and that they do not at
any one time have more than 200 loads [228] at either of those places,
and that subject at all times to the order of the City Inspector to be
removed immediately under the penalty of Dollars

And that the Attorney of the Board be instructed to 'draft an ordi-
nance in conformity thereto ,. , ,

(Sig d ) Reuben Munson

Arthur Burtis
Nicholas Fish
John H Tallman
Thomas Cooper



29 Jan. 1816 COMMON COUNCIL MlNUTES 407

Which was approved and the Counsel was directed to report an
ordinance agreably thereto

The Report of the St Commissioner upon opening Lombardy St
was called up & read as follows

The Street Commissioner to whom was referred the petition of
sundry owners of property in Lombardy St praying that the said
Street may be opened from Clinton St to the East River Having duly
considered the subject is of opinion that it will add much to the benefit
of the Owners of Lots thereon as well as facility of communication
[229] to that part of the City, to have that Street opened but as part of
the grounds required have not been ceded by the proprietors he
would respectfully recommend that the Counsel to the Corporation
be instructed to take legal measures to carry the subject into effect as
two thirds of the proprietors have signed the application

(Sig d ) Jn M c Comb. St Comss r

Which was approved and the Counsel was directed to take the
necessary legal measures for carrying the same into effect

Alderman Coles from the Committee appointed to carry into effect
the proposed regulations of the Board of Health to prevent the spread-
ing of the small Pox presented the following

The proceedings of the Beard of Health in relation to the alarming
mortality occasioned by the small pox in this City, being laid before
the Common Council, together with the measures proposed for check-
ing its progress, by extending the benefits of vaccination at the public
expense, to all such persons as choose to avail themselves thereof-
From which it appears. That the Trustees of the City Dispensary, have
heretofore divided the City into six districts, and appointed one [230]
skilful Physician to attend such poor in each District as may become
the object of their medical attention, and their apothecary has, during
a few hours in each day, vaccinated such persons as presented them-
selves for that purpose, at the dispensary at the corner of Broadway
and Chamber St, and the Board of Health has now made an arrange-
ment with the Trustees subject to the approbation of the Common
Council, that for the consideration of $1000 to be paid to the Trustees,
their said Physicians together with their apothecary and such other
assistance as may be required will vaccinate during one Year commenc-
ing the first day of the present month, either at their dispensary, or at
such places within the districts as may be required, all persons ap-
plying for that purpose, and will from time to time take all the neces
sary measures to secure the successful effect thereof



408 CITY OF NEW YORK 29 Jan. 1816

Therefore Resolved, that the Common Council approve of the ar-
rangement made with the dispensary, and that the Comptroller issue
his Warrant upon the Treasurer in favor of the said Trustees for the
one thousand [231] Dollars in quarter yearly payments

(Sig d ) John B Coles Chairman

Which was approved and a Warrant ordered to issue agreably
thereto

The Counsel presented the following

The Counsel of the Corporation herewith presents to the Board for
execution an agreement between the Corporation and Charles Smith
and Wife relative to the surrender or release of the right of M rs
Smyth as executrix of the will of Jacob Wilkins in and to the Wharf-
age from the north side of Wilkins Pier Which surrender or release
has been drawn conformably to the report of the Comptroller on that
subject and in pursuance of the Resolution of the Board confirming
said Report 7

(Sig d ) D S Jones.

Which was approved and directed to [be] duly executed
He also presented a report on the subject of the Petition of Leonard
Fisher & M rs Fasch upon the reference to him, of a Report of the
Comptroller the Report of the Comptroller was as follows

The Comptroller to whom was referred the [232] petitions of
Leonard Fisher and M rs Fasch praying a renewal of the lease for
premises now occupied by them respectively and which lease expires
on the first day of May next respectfully reports. That all the prop-
erty prayed for was about 42 years since leased by the Corporation to
a M r Smith that some time afterwards he assigned a part of a Lot
to J Thompson, who again assigned to M rs Fasch and during the
Revolutionary war he assigned the remainder to M r Leonard Fisher
together with all his right title and interest of the whole as derived
from the Corporation. M r Fisher now prays for a renewal of the whole
to him inasmuch as M r Smith had assigned to him all his interest
therein, as he holds the original Corporation Lease and has always paid
the whole ground rent. M rs Fasch being considered as a subtenant
and paying to him her proportion of the rent On the other hand M rs
Fasch prays for a renewal of the lease of the ground on which her
house now stands independent of M r Fisher, and states that she has
equal rights. On a part of this property M r Fisher has erected a good
house and store the remainder of the buildings are very old [233] and
in a state of decay and are so divided as to forbid a handsome im-



29 Jan. 1816 COMMON COUNCIL MlNUTES 409

provement if leased out as they now are. M r Fisher proposes to take
a lease of the whole on such terms as the Common Council shall de-
termine to grant to M rs Fasch (on the same terms) a lease for 7 or
10 years, by which time it is presumed the buildings will be decayed,
and then obligate himself to build on the whole ground two good
brick Houses

It remains with the Common Council to determine whether a new
lease shall be granted for these premises for what period and on
what terms

Whether the whole shall be granted to M r Fisher, subject to the
conditions before mentioned or whether it shall be leased as it now
stands to M r Fisher & M rs Fasch the great objection to the latter is
that it will prevent a future handsome improvement of the Lots

The period having nearly arrived when it becomes necessary for
Tenants to make their arrangements for the ensuing year urges a
speedy determination as regards this property

(Sig d ) Tho s R Mercein Comp r

[234] The report of the Counsel was as follows

The Consel of the Corporation to whom was referred the annexed
report of the Comptroller in relation to the Petitions of Leonard
Fisher & M rs Fasch, presumes that the said reference was made to him
under an idea that some question of law would arise under the original
lease to M r Smith and the different assignments thereof. But upon an
examination of that lease the Counsel finds that there is no clause of
renewal nor any covenant which presents any question whatever as to
the legal rights of the Corporation it is, so far as relates to right, the
simple case of a Lease which is about to expire and where the Land-
lord has the right to make such disposition of the property as may
be judged proper Under the standing regulations of the Board, the
only manner in which the property of the Corporation is disposed of.
is by public auction ; and doubtless this course would have been recom-
mended by the Comptroller but for the consideration that the present
holders of the lease or one of them has made valuable improvements
upon the property under [235] an impression that the lease would be
renewed And on the whole perhaps in the present case the usual rule
should be dispensed with, and Leases granted on such terms as the
Finance Committee and Comptroller shall judge reasonable

(Sig d ) D S Jones

Upon the question of agreeing to the report it passed in the nega-
tive, and it was resolved that the Lots be leased for 21 years by the



410 CITY OF NEW YORK 29 Jan. 1816

Comptroller at public auction on the 9 th of February next, and that
the buildings be appraised and paid for by the Purchasers for the
benefit of the present Lessees The Comptroller was authorized to
appoint an appraiser on the part of the Corporation
The Counsel presented the following

The Counsel of the Corporation has the honor to inform the Board
that the Commissioners of estimate and assessment appointed by the
Supreme Court, in the following cases viz

1. On the opening of Eighth Avenue. 2 d on the opening and ex-
tending of Hudson Street from (near) Laight Street to Spring Street
3 d on enlarging and improving Chappie Street [236] and 4 th on
opening and extending Elizabeth Street to Bleecker Street, made re-
port of their Estimates & assessments in those several cases to the
Supreme Court at the late term of the said Court, and that the said
reports were confirmed on the 12 th January instant The lands &
premises required for these different improvements are now vested in
the Corporation for the purpose and measures may be taken by the
proper officer to carry the improvements into effect as soon as it may
be judged expedient No portion of the value of buildings has been as-
sessed upon the Corporation except in the case of eighth Avenue, in
which case the Commissioners have assessed $3500 to be paid by the
Corporation The Commissioners not having assessed as large a sum in
any of these cases for benefits as they have awarded for damages, the
balance together with the expenses of the proceedings is to be raised
by assessors to be appointed by this Board; for the appointment of
which assessors the counsel respectfully presents herewith the neces-
sary ordinances and for the reasons heretofore assigned [237] recom-
mends the same persons for assessors who have acted as Commission-
ers in the respective cases ; except that in the case of eighth Avenue he
recommends M r Daniel J Ebbets in the place of Edward W Laight
Esq 1 ' who is now absent from the City

The Counsel further informs the Board that the Report of the
Commissioners of Estimate & Assessment in the case of Tenth Ave-
nue was confirmed by the Supreme Court at the last October term,
with an understanding however that M r Hardenbrook should assign
to Remb F Muller an award made to the said Hardenbrook that
matter being now arranged the proceeding is complete, and imme-
diate measures may be taken to carry the improvement into effect In
that case the Commissioners raised by their assessment for benefits a
sum equal to the award of damages and to the expenses, and without



29 Jan. 1816 COMMON COUNCIL MlNUTES 411

assessing any thing upon the Corporation for buildings, of course no
appointment of assessors by the Board is necessary

As large Sums will shortly become payable for the awards in these
various cases the collection of the different assessments for the [238]
benefits ought to be forthwith commenced

(Signed) D S Jones

which was approved and the ordinances mentioned in the report were
passed

He also presented the Draught of a Memorial to the Legislature
and corresponding Bill relative to the ground at Beekman Slip to be
taken for a market place which were approved and directed to be en-
groced and transmitted under the Corporate Seal to the Legislature

The report of the Committee on the Fire Department on the peti-
tion of the Firemen which was laid on the Table at the last meeting,
was called up and was by consent withdrawn and M r Tylee from said
Committee reported that the Bill now proposed by the Firemen of the
City to be presented to the Legislature and to which they begged the
sanction of the Board proposed that after the following periods of
service Firemen in the City should be exempted thereafter from all
jury duty and from militia duty except when called into actual service
viz all who shall be Firemen [239] on the 1 st day of may next and
shall have served as such twenty years to serve one year who have
served fifteen years to serve three years who have served twelve to
serve four who have served ten to serve five who have served eight
to serve six who have served six to serve seven who have served four
to serve eight who have served two to serve nine and who shall be-
come Firemen after the 1 s May to serve ten years

Whereupon it was Resolved Alder" Coles & M r Lorillard dissent-
ing That the said application of the Firemen to the Legislature meets
the approbation of this Common Council And understanding also that
the said Firemen mean to apply for a continuance of their charter
Resolved that the Common Council do approve of the same

The following Resolution was presented by M r Lorillard

Resolved that the Street Commissioner report the means to afford
relief for damages sustained by owners and occupants of Lots by
pitching, raising, reducing, and regulating Streets in this City

Which was referred to the Street Commissoner.

[240] The following Resolution was presented by M r King and
agreed to

Resolved that a census of the Inhabitants of this City be taken



412 CITY OF NEW YORK 29 Jan. 1816

and an accurate list of Jurors qualified to serve in the different
Courts and that the Recorder, Alder" Lawrence and M r King be a
Committee to carry the same into effect

Resolved that the Counsel report to the Board such Laws as he
thinks are necessary to be applied for to the Legislature at their pres-
ent Session

Resolved that the Committee on the Petition of Jonathan Ware be
authorized to hire for his use a School Room for the space of three
months provided he cannot be accomodated in one of the buildings
owned by the Corporation

Resolved that the Lot & premises at the corner of Wall & Broad Sts
lately occupied as a Watch House be sold at auction on the 9 th of
February next under the direction of the Comptroller and that the
Street Commissioner [241] make a survey and Map of the said ground

The Finance Committee presented the follow g

The Finance Committee in obedience to the orders of the Com-
mon Council, beg leave to inform the Board that they have paid to
the following Banks & Company a years Interest on the following
Bonds

The Union Bank Bond of $200000 @ 7 p r $14000

" Bank of N York 100000 7000

" Merchants Bank 50000 3500

" ManufactK Compy 50000 3500



$400000 $28000

(Sig d ) A H Lawrence Chairman
Which was approved

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

Hook & Ladder Compy N 1

John Edgar. Cabinet maker N 3 Harrison St 5 W d vice James
Sterling resigned

Floating Eng n Comp y

Charles Shamburgh, Cooper 195 Cherry St 7 th W d vice David
Harris resig d

Abraham Fordham D 102 D 4 th W d vice Joseph N

Lord resig d

[242] William D Murphy Sailmaker 365 Pearl St 4 th W d vice
Elijah Guyon resig* 1

William L Masherry, Grocer, Dower & Bowery 6 th W d vice John
Rice resig d



29 Jan. 1816 COMMON COUNCIL MlNUTES 413



Fire Eng n Compy N 27

John Lorton Stone Cutter Greenwich St 8 th W d vice James Lowree
resig d

Fire Eng n Compy N 39

John J Hebbard, Silver Smith Dey St 3 d Ward vice Verdine D Els-
worth Resig d

John D Stewart, Book binder Sugar loaf St 6 th W d vice R C Willis
gone to Europe

The Comptroller Reported

Cash in the Treasury $55550.53

Warrants not Presented.. 31148.53



$24402.00

Whereupon Warrants were ordered to issue for payment of the
following account

Hays & Bogert Watch 694.75

Farrington & others D 621.25

Mandevile & Dobbs D 496.25

Vandyck & others DO 339.50

J Macomb St Comssr 1 Qr to 1 Feby next 500.00

D S Jones Counsel of Board 1 Year ends 20 Janx 500.00

T R Mercein Compr 1 Qr to 1 Feby. 500.00

[243] A Woodward ass* City Inspr 1 Qr to 1 Feby 250.00

J Tallman DO 1 Mo DO 62.00

D S Jones Attx to Corpn f r Aug 1815 to 20 Janv 1816 bale 148.51

W M Summers Inspr Bread to 8th ] an y 96. 10

Prior & Dunning Ass* Books for Tax 1815 & Sundries for Comss

office 60.87

S Ludlam for surveys & c by ord r atty 29.75

W" Mclntosh St Inspr 1 Mo, to 1 Feby 54.00

C E Duncan DO DO DO 54.00

H W Peckwell DO DO DO 54.00

G Sneethen Supdt Lamps to 5 Feby next 519.97

G Hatfield on acct paving Grand St 100.00

A Smyth DO DO Washington St 193.95

DO DO of side walks in Bd Way 600.00

DO DO paving Chaple St 500.00

C Mooney DO DO Leonard St 500.00

DO DO DO Robinson St 380.32

DO DO DO Elm St 200.00

J Bailey paving Intersect 118 Streets

DO DO Hanover Square

DO DO Oak St

J Meghan DO Rynder St

T & G Lovett rep" to dock foot Liberty St Corp" prop" 210.32



414



CITY OF NEW YORK



12 Feb. 1816



R Moran on acct paving Murray St 200.00

G Bowman D Drain Frankfort St 100.00

Thos Smyth work by or r St Comss r 14. 15

[244] T & G Lovett for sund" for Sts p r orr St Comss'-s 58.87

L Ford for award ground to widen Fair St 190.00

Washen Insurce C a\yd to H Robinson DO D 1340.00

DO DO T Foote DO Murray 3022.25

Zeno Weeks DO ground taken for 125 St 1530.00

W Brady on a/c 3d avenue 120.00

J Richardson rep" to Wells 39.62

J Combs DO DO 26.06

H Brush DO Pumps 50.37

T & G Lovett reprs to Ferry Stairs Cath Slip 186.29

A Berback Chain for DO orr Come 108.87

W A Hardenbrook for Posts & rails in 1815 for Fence to Inclenburgh

Lots 34.78

E W King Int to 1 Feby on a Hamilton Square Bond due R Bogardus 229.32
Robt Lenox for prinl & Int on a Hamilton Square Bond due to W m

Ross 1609.87

J Randall on a/c his Contract setting Monuments 500.00

J Wallace Sup dt repairs 750.00

Commissioners of Com n Schools for the propor n of Taxes due by

Countv of N Y for 1815. . ... 5024.26







$23424.50



$977.50



[245] In Common Council Feb? 12 th 1816

present The Hon 1 Jacob Radcliff Mayor President
Richard Riker Esq r Recorder

Jacob Lorillard
Anthony L Underhill
Elisha W King
Gideon Tucker
Daniel E Tylee
Arthur Burtis
John J Tallman
Thomas Cooper



John B Coles
Jonas Mapes
Augustine H Lawrence
Peter M c Cartee
Thomas R Smith
William Coulthard
George Buckmaster
Reuben Munson



Aldermen



^Assistants



The Minutes of last meeting were read and approved
A Petition of J Conrey for permission to erect Vaults in White
Street fronting Lots before which he is about to build, was read and
Ordered that the same be granted upon the usual terms & referred to
the St Comss r



12 Feb. 1816 COMMON COUNCIL MlNUTES 415

An application of D S Dodge & others executors of Dugald M c -
Kenzie for permission to transfer [246] the Lease of Lot N 22 Peck



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 8) → online text (page 35 of 68)