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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 9) online

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26 May 1817 COMMON COUNCIL MlNTJTES 169



J. Bleecker Agent

;!, , , ~ \ Broadway Lot

Mary Bleecker Owner ^

[43] D r Caspar W. Eddy. Owner 18 Batavia Lane

Ditto " 20

G. B. Abeel " South Street

Roswell Lewis Agent

M r9 Eve Bunce Owner
Jn G. Coster
W m & G. Post

(Signed) George Cuming

City Insp r

The Alderman and Assistant of the Sixth Ward, Street Commis-
sioner, and City Inspector, to whom was referred the Communication
of the City Inspector respecting a Nuisance at the intersection of
Cross and Anthony Streets reported,

The City Inspector respectfully states that the Commissioners of the
Board of Health have this day reported at his office, a Nuisance of
a very public nature and dangerous to the health of the Inhabitants ad-
joining its' scite: at the intersection of Cross Street and Anthony
Street (formerly little Water Street) the City Inspector represents
that he has frequently viewed said Nuisance which is very offensive,
and last year it's correction was urged by several applications from the
neighbouring Inhabitants [44] to the Board He would respectfully
suggest the propriety of taking up the subject early, with a view of
correcting the Nuisance above mentioned, before the warm weather
commences

(Signed) George Cuming

City Insp r

The Alderman and Assistant of the Sixth Ward, together with the
City Inspector and Street Commissioner, to whom the above report
was referred, Having viewed the Situation of Cross and Anthony
Streets as complained of, Report that they are decidedly of opinion
that it will be impossible to do away the nuisance effectually without
raising all those low Streets and Grounds, which are connected with
Collect Street, and they respectfully recommend that the Street Com-
missioner be instructed to prepare Ordinances against the next Meet-
ing of the Board for the purpose of regulating and paving Orange
Street, Cross Street, Little Water Street, with such parts of Anthony
and Mulberry Streets, as may be necessary to throw the water into
Collect Street, which they consider the only measure that can be taken



170 CITY or NEW YORK 26 May 1817

to relieve that part of the City from a very disagreeable and dangerous
nuisance, [45] and which was heretofore intended to be done

(Sign'd) Robert M c Queen
John Remmey
George Cuming City Insp r
John M c Comb S* Com r

which was approved, and the Street Commissioner was directed to
report ordinances accordingly

The Street Commissioner on the Petition of A. L. Stewart pre-
sented a Report which was read and laid on the Table

The Street Commissioner presented an Account of Thomas
Barnum for Superintending the repairs of the Pier at the foot of
Cedar Street, amounting to Seventy nine Dollars, one half of which
was due from Mess rs John Murray & Sons, and who refused payment,
whereupon the same was referred to the Counsel to report as to the
means of enforcing the payment of Mess rs Murray's proportion

The Street Commissioner presented a certified copy of a Map of the
ground lying between the Bowery and Sixth Avenue, in order that it
may be approved and be certified by the Clerk of the Common Council
[46] which was approved, and the Clerk directed to certify the same

The Street Commissioner presented an Assessment for a Well and
Pump in Goerck Street between Grand and Broome Streets, which
was confirmed and Morris DeCamp was appointed Collector

The Street Commissioner presented an Ordinance for paving side
walks in Washington Street between Robinson and North Moore
Streets, which was passed, and James. H. Guion, Jacob. C. Mott, and
John Brower were appointed Assessors

The following Persons were appointed Firemen, the chief Engi-
neer certifying the vacancies,

Fire Eng. Comp. N 21.

Nathan Crowell Chairmaker 20 Gold S' 2 d W d vice William
Colgate Resigned

Fire. Eng. Comp. N 28.

Joseph Blackwell Butcher 6 Orange S* vice George Mason-
Expelled for n. of duty

Parley Sullard Carpenter 10 Rivington S* vice Jesse Night
Expelled for n. of duty



26 May 1817 COMMON COUNCIL MlNUTES 171

[47] Fire. Eng. O N 33

Robert Whiston Cartman Goerick S l 10 th Ward

vice James Reynolds Resigned

Isaac Jenkins Boiler Maker Lombardy S 1 7 th

vice Lockwood Gurman Resigned

Samuel Cook Blacksmith Corlies Hook 7 th

vice Stephen Seaman Resigned

Fire Eng. Comp. N 37.

Elijah Hitchcock Saddletree Maker Second S 1 - 10 th "

n. Broome "
vice George Howard Resigned

The Committee on Applications to whom was referred the Petition
of John. G. Shultz for appointment of a Weighmaster, reported in
favor of the Petitioner which was approved, and he was appointed
accordingly

The Report of the Committee on widening Harman Street, which
was laid on the Table at last Meeting was called up : A conveyance to
the Corporation from the Parties Owners of the Ground to be taken
for said improvement was presented. Whereupon it was referred to
the Counsel to examine said conveyance, and report as to it's suffi-
ciency

The Committee to whom was referred the Accounts of Ruggles
Hubbard Sheriff of the City, reported [48] The Commissioners of the
Alms House and the Counsel of the Board, to whom was referred the
Petition of the Sheriff of the City and County of New York, respect-
fully Report,

That the Corporation are liable for the expenses necessary for
conveying Convicts to the Penitentiary The Commissioners are how-
ever of opinion that the mode adopted by the Sheriff was unneces-
sarily expensive; but as he has paid, or is liable to pay the sums
charged, they are of opinion that his Account ought to be paid with
the exception of Six Dollars for conveying Convicts to the State
Prison, which ought to be charged to the State

The Commissioners and the Counsel respectfully recommend that
some arrangement be made for the conveyance of Convicts hereafter,
which can be done at an expense not exceeding Fifty cents each

By order of the Commissioners of the Alms House

(Signed) Ogden Edwards.

which was approved, and a Warrant ordered to issue for the payment
of the same



172 CITY OF NEW YORK 26 May 1817

The Counsel on the Petition of Isaac Doty reported, That he has
examined the premises mentioned in the Petition of Isaac Doty [49]
and that it is a Three Story Wooden Building in all respects like an
ordinary Three Story House, excepting that the Third Story [projects]
about one foot from the lower Stories The Counsel is of opinion that
as the Statute prohibits the erection of Three Story Wooden Buildings
within the Limits which include this house, that he the Petitioner has
subjected himself to the Penalties of it

(Signd) Ogden Edwards

The Counsel on the Petition of N. G. Ingraham reported, That
by the Hundred and eighty fourth Section of the Act, entitled, " An
Act to reduce several Laws, relating particularly to the City of New
York, into one Act " it is enacted, " That whenever the Owners and
Proprietors of any such lands, &c, so to be taken for any of the
purposes aforesaid &c, shall be under the age of Twenty one years &c,
it shall be lawful for the said Mayor &c to pay the sum or sums men-
tioned in the said report &c into the said Supreme Court of Judicature,
to be secured, disposed of, and improved, as the said Court, shall
direct." The Counsel is of opinion that the Legislature thereby in-
tended to place the proceeds of real Estate which might be taken for
the purposes aforesaid in such a situation, that they might be disposed
of [50] according to the rules of descent If the money is paid over to
the Guardian of the Minors, or to the Administrator of the deceased,
this object may be defeated In addition to this, there is another con-
sideration which would render it inexpedient in any case to pay the
money to a Guardian or Administrator : when letters of Guardianship
are granted, the amount of the Bond corresponds to the amount of the
personal property and the amount of the Rents and Profits of the
land of the Ward By the operation of the above mentioned Statute,
the estate of a Ward to an amount far exceeding the amount of the
Guardian Bond may be converted from real to personal Estate, and
of course if it should be placed in the hands of the Guardian, he
would hold it without having given adequate security

The Counsel is therefore of opinion that so much of the money as
was awarded to the Infant Children of the Petitioner ought to be paid
into the Supreme Court By the Statute regulating descents it is
enacted, That if an inheritance come to a Person from the part of
his Mother, it shall descend as if he had Survived his Father If
therefore the Property for which this sum was awarded to David. G.
[51] Ingraham deceased came to him from the part of his Mother, his



26 May 1817 COMMON COUNCIL MlNTJTES 173

Father is not entitled to it ; but if said David came to this property in
any other way, then his Father will be entitled to the sum awarded said
David As Samuel. D. Ingraham resides in the City of New York, his
share of the money should be paid to him personally, as a payment in
pursuance of a Power of Attorney would render it necessary that the
Power should be proved and lodged in the Street Commissioner's office,
which would subject him to unnecessary trouble With respect to that
part of the money which belongs to Nathaniel. G. Ingraham Jun r of
London, the Counsel is of opinion that there is no objection to it's
being paid to the Petitioner upon his delivering to the Street Commis-
sioner a Power of Attorney to receive it

(Signed) Ogden Edwards

which was approved, and it was referred to the Street Commissioner
and Comptroller to carry the same into effect

The Counsel, Comptroller, and Street Commissioner, to whom was
referred the Petition of John. R. Livingston, reported

That M r Hunn, the former Street Commissioner, and Alderman
Mott, (who was one of [52] the Committee upon Wharves and Slips
at the time the Bulkhead mentioned in the Memorial was constructed)
both concur in stating, that in consideration the Corporation would
not at that time require Goerck Street to be filled up and regulated in
pursuance of an ordinance which had passed the Common Council, M r
Livingston agreed that he would make one half of the Bulkhead : that
he accordingly paid one half of the expense of it, and Goerck Street
was not then required to be made That the making of the Bulkhead
at that time was of but very little benefit to the Corporation, but has
been very beneficial to M r Livingston, as he has thereby saved an
immense quantity of earth which has washed down from the Sur-
rounding ground This undoubtedly presented a strong inducement to
him for making that agreement The Subscribers are therefore of
opinion that M r Livingston's claim is not founded either in law or
justice

(Signd) John M c Comb S 4 Com r
G. N. Bleecker Compf
Ogden Edwards
which was approved

The Canal Committee to whom was referred the [53] subject of
collecting the Assessment on Canal Street, reported, That an Act
passed the Legislature of this State on the Twenty fourth of March
1809 to appoint Commissioners with power to lay out the said Street,



174 CITY or NEW YORK 26 May 1817

to estimate the Damages sustained by those Persons whose ground
should be taken for the same, together with the expenses incident
thereto, and to assess the amount thereof upon the Houses and Lands
benefited thereby That the said Commissioners in pursuance of the
aforesaid authority performed the duties imposed upon them, and on
the Twentieth of August 1810 filed their report in relation to the Same
with the Corporation, by which it appears the Assessment amounted to
One hundred and fifty nine Thousand Two hundred and thirty Seven
Dollars and Seventeen cents, which amount the Corporation paid to
those who were entitled to it, looking to the collection of the Assess-
ment for remuneration That by an Act passed the Legislature on
the Third of April 1811 all the Estates assessed were relieved from
one third the amount (except the Lots laying on Canal Street) and
the Corporation were authorized to assess that third upon all the Es-
tates Real and Personal in the City of New York, which third has
been levied and collected, although the amount [54] cannot be ascer-
tained at this time by the Books of the Comptroller That on the Nine-
teenth June 1812, an Act passed the Legislature for suspending the
collection of the Assessment upon the premises benefitted by laying
out the said Street, which were to pay only two thirds the Assessment
for a limited time, now passed, but provided, from the passing of
the last mentioned Act, interest should be paid to the Corporation
upon the Assessment

From the foregoing statement it appears that the whole amount

assessed by the Commissioners is $159.237.17

deduct amount of the assessment upon ground laying on Canal S*.. 17.077.28



142.159.89
By the Act of 1811, the City was to pay of this sum, one third say. . 47.386.63



The Amount to be paid at rate of 2 / 3 ds = 94.773.26

To which add the Amo* on Canal S*. . 17.077.28



the whole Amount, excepting the Third paid by the City 111.850.54

Upon which it appears that Noah Jarvis has collected, exclusive of
Interest 13.150.90



This sum is now due upon the Assessment, with Interest from the
Nineteenth of June 1812 98.699.64

Your Committee know of no [55] good reason why this money has
not been collected heretofore As far as they have been able to obtain
information upon the objects, for which this expense has been in-
curred, it appears that in the natural formation of many hundred acres



26 May 1817 COMMON COUNCIL MlNUTES 175

of ground bordering upon a lower part thereof called the Collect, and
extending from thence nearly a mile to the Hudson River, no part of
which low ground is more than about nine feet higher than the Tide
water, discharges all the water which falls upon it, and is not absorbed
through a rivulet formed in this low ground, and as all the ground
both high and low was becoming thickly settled and growing up into
a city, it had become very valuable and a necessity is thereby created
to provide a more fit outlet for the water, for which the said Canal
Street has been made One hundred feet wide by taking ground from
the Owners thereof, and the Assessment for this expense has been
made principally upon the grounds which require this water course,
and in the opinion of your Committee it ought not now to be altered
or changed : they therefore recommend the adoption of the following
Resolution

Resolved that the Assessment for Canal Street be forthwith col-
lected, and that [56] Noah Jarvis be the Collector

Your Committee in the course of investigating this subject, find,
that Noah Jarvis was formerly appointed the Collector of this Assess-
ment, and from him they have collected much information upon the
subject, which has become intricate and complex from delay, and be-
lieve that it is for the public interest that he be the Collector, and
recommend that he be appointed

(Signed) John. B. Coles
Jacob. B. Taylor
Effingham Schieffelin
John Remmy

which was approved, and Noah Jarvis appointed Collector of the
same

The Finance Committee on the Financial Report of the Comptroller
reported,

That after examining the same, they have ordered One hundred
copies in the Pamphlet form to be printed for the use of the Members
and recommend that the Accounts be published in the Corporation
Papers for the information of the Citizens It is also proposed, that
a Committee, as usual, be appointed to examine the Accounts of the
Comptroller for the last year; and [57] report thereon to the Board

(Sign'd) Th. R. Smith
Samuel Akerley
Reuben Munson
Stephen Allen



176 CITY OF NEW YORK 26 May 1817

which was approved, and the following Persons were appointed a Com-
mittee to examine the Accounts of the Comptroller, Mess rs Allen
V n Amringe Akerley

The Finance Committee, to whom was referred the Communica-
tion made by the Comptroller at the last Meeting of the Board on the
subject of a payment made by the Sureties of William Johnson, and
not carried to the credit of the Corporation, reported, That, that had
been properly adjusted and the money paid into the Treasury: they
also reported, that a Balance of about One Thousand Dollars owing
to the Mechanic's Bank, and, as the late Comptroller supposed was to
be paid by the Corporation, was admitted by him to be chargeable to
himself, and he had undertaken to discharge the same; which Report
was read, approved, and directed to be filed

[58] The Comptroller made a Communication to the Board, stating
that the Corporation Property at Brooklyn which had been leased to
Burdett Stocker had reverted to them in consequence of non payment
of Rent by M r Stocker, and he recommended that the same be leased
for the term of one year from the First Instant: He also recom-
mended that the vacant Lots at Brooklyn N os 14. 16. 17. 18 be leased
for a term of years Whereupon the same was referred to the
Finance Committee and Comptroller

Alderman Coles, agreeably to notice given, moved to reconsider
the vote given at the last Meeting on the reduction of the Salary of the
Comptroller, in respect to allowing him Four hundred Dollars for
Clerk hire The Motion to reconsider was agreed to He then moved
that the words in the Report of the Committee " the latter to receive in
addition thereto Four hundred Dollars per annum for or in lieu of
Clerk hire." be stricken out, for the purpose of introducing a Resolu-
tion that a Clerk be appointed by this Board to be employed in the office
of the Comptroller at a Salary of Dollars per

annum The question being taken [59] on striking out said words in
the Report, and a division having been called by Alderman Coles, it
passed in the negative as follows,

Negative 11 M r Recorder Ald n Holmes, Smith, M c Queen, Buck-
master, Thorp. Munson Mess rs Stone, Taylor, Schieffelin, Allen

Affirmative 6 Aid" Coles Brackett M r Jones Stevens Van
Amringe Remmey

On motion of Alderman Smith, Resolved that so much of the
Ordinance relative to Sales at Auction, as prohibits the placing of
Goods in Wall Street before Nine. O. clock in the morning be Sus-
pended till the further direction of the Board



26 May 1817 COMMON COUNCIL MlNUTES 177

M r Akerley presented the following Resolution, Resolved that the
City Treasurer be directed to furnish from the Returns of the Collec-
tors of the several Wards of the City of New York a list of Delin-
quents in paying Taxes assessed upon real Estate, in order that a special
Collector may be appointed to obtain the same by calling on the Owners
of Property so assessed, or by taking any other steps to collect such
arrearages that the laws in such case made and provided will warrant
[60] which was agreed to

Alderman Smith presented the following Resolution, Whereas the
President of the United States* is shortly expected in this City on his
Tour through the No [r] them and Eastern States, Resolved that a
Committee be appointed to take measures on behalf of this Corpora-
tion to pay suitable marks of attention to his Excellency on his ar-
rival in this City which was approved, and the following Committee
was appointed Ald n Smith. Brackett. M r Schieffelin. Stevens. Akerley.

Ordered that the following constitute the Committee on the subject
of the fPetition for extending the term of the lease of Grand Street
Ferry, and that they report as soon as convenient Aid" Munson Burtis
Coles M r Akerley V n Amringe

Ordered that a Warrant issue in favour of Lancaster. S. Burling
for Three Thousand [61] Dollars for the redemption of Corporation
small bills of credit.

The Comptroller reported,

Cash in the Treasury 19th Ins* 22.70

Received for Vendue Sales 40.867.28

" Common Schools 5.532. 6

" Streets 2.678.80

" Excise 2200.

" Tavern Lincenses 1607.5

" Docks & Slips. W. Johnson's Compromise 1938.5

" 2nd Ward Tax 10QO.

" 4th " 654.56

" 6th 1000.



57.500.50

Whereupon Warrants were ordered to be issued for payment of
the following Accounts,

Geo. Cuming. City Inspr 1 Q r Salary, 28th May 312.50

W m S. Smith. Collr Revenues 1 Q r Ditto. 22<* " 200.

G. N. Bleecker. Compf 1 Q r Ditto. 15th " 500.

Thos Franklin. Chief Engr 1 " " 18th " 200.

* Marginal note reads His Excelly James Monroe. ED.
t Marginal note reads See Vol. 32. page 111. &<= &cEo.



178 CITY OF NEW YORK 26 May 1817

Jacob. P. Roome Super* Repairs 1 Qr Salary, 14th May 225.

m Brevoort Inspr Bread 1 " " 21st " 1QO.

Warner Sped Justice 1 " " 26th " 245.22

Jas Hopson- Ditto 1 " " " " 245.22

Josiah Hedden Ditto 1 " " " " 245.22

Bernard Oblenes Clerk Police office 1 " " " " 250.

[62] R. Stephens Ass* Clerk Police office 1 Q" Salary 26th May 200.

Jacob Hays for Police officers extra services 1 Q r " " 134. 16

Benjn Demilt Regulate Public Clocks 23 Dec 1816 208.33

Benjn Crane Stationary 10*h Jany to 2d May 178.53

Luke Persiary Taks care Mud Machines. 15 Mos & 10 D 153.33

J. M c Comb S l Comr for Commiss nr ' s & Atty' s fees, & Court charges

opens & widens sundry Streets 2855.99

Joseph. D. Smith Award for opens Hudson S 4 2084.30

David Van Orden " " 830.46

Daniel Smith " " " 549.82

Jabez Thompson Damages awarded Ths Nash opening North Street 750.

Noah Scovill Award for Cliff Street 299.98

J. M c Comb. St Com. to pay Jane Reed & others Bale 6 of Award for

Fulton Street 875.80

Ab m Stagg Bake regulats & pavs Sixth St 407. 3

Tho. & Geo. Lovett ace* builds Drain Pearl St 400.

Steph" Baxter acct filling Lots at Collect 300.

Rich d Moran paving at Burling Slip 21 .85

Robt Latimer Acct maks Eighth Avenue 2000.

Richd Furman to pay work for Third " 2000.

Ditto for New Alms House 4000.

Ditto " Alms House 10.000.

Jacob. P. Roome Superintend 4 Repairs to pay Workmen 1700.

Ditto for Paints & Glazs Lamps 1000.

Ditto " Engine Houses 1000.

[63] W. Fish Treasr to pay 19th Divd City Stock Is Inst 10.500.44



$44.972.74

Balance $12.527.76

Board adjourned to meet on Monday 4. O. clock



2 June 1817 COMMON COUNCIL MlNUTES 179

[64] In Common Council June 2 nd 1817
Present The Honb le Jacob Radcliff Mayor, President.

Aldermen. Assistants.

Jo s W. Brackett. Sam 1 Jones Jun r

Anthy L. Underbill. Sam 1 Stevens.

Eldad Holmes. W m Van Amringe.

Thomas. R. Smith. William Stone.

Robert M c Queen John Remmey.

George Buckmaster. Sam 1 Akerley.

Arthur Burtis. Jacob. B. Taylor.

George. B. Thorp. Effingham Schieffelin

Reuben Munson. Stephen Allen.

The Minutes of the last Meeting were read and approved
A Petition of Clement Moore and Samuel Boyd stating that they
have been heavily assessed for opening the Ninth Avenue ; that though
the ground is laid open, it has not been worked which is of very serious
injury to them and their Neighbours, and praying that the same may
be immediately worked, which was read and referred to the Road
Committee and Street Commissioner

[65] A Petition of Mordecai Myers, L. Seaman & C, and Samuel
Paxton & C praying an alteration of the Auction Law so as to per-
mit them to sell Articles before their door as they have been heretofore
authorized to do, which was read and referred to the Committee on
Streets ; and in the mean time until the Committee shall report on that
Subject, that Persons who have hired situations where they have here-
tofore been authorized to sell, be allowed to continue such Sales

A further communication was, received from John Ireland stating
that it had been agreed between him and Hezekiah. H. Baldwin that
the sum of Eleven hundred and forty Dollars of the amount awarded
by the Commissioners should be paid to him, and that therefore the
Balance of Four hundred and eighty seven Dollars and twelve cents
might be paid to the said Hezekiah. H. Baldwin, which being read,
was referred to the Street Commissioner and Counsel

A request of T. Gibson and M. Davis to transfer Lease of Cellar
N 1. Washington Market was read and referred to the Comptroller

A Petition of sundry Inhabitants of the Ninth [66] Ward that
William Brady might be appointed a Weigher of Hay in said Ward,
was read and referred to the Alderman and Assistant of the Ninth
Ward to report

A Petition of Agnes Lovell Widow of Benj n Lovell deceased,
praying that Stall N 18 in Catharine Market lately held by her hus-



180 CITY OF NEW YORK 2 June 1817

band may be granted to her, was read and granted for the term of one
year only, and then to revert to the Corporation

A Petition of the Inhabitants of the Ninth Ward for the attendance



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