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

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the words " and housing if required."

A Resolution, that the Board meet hereafter in the Mayor's Office.
was read and laid on the Table.

The Comptroller Reported, as follows :

Balance in Treasury, 1* ins $.8.347 5 _ :

I I :r Rents 5,835. 13

Tavern I -.- 181.30

- Arrears of Taxes 800.00

Tax for 1817 7.000.00

Streets 3.600.00

- Docks and Slips 700.00

" Canal Street 2.000.00

' Wel!s and Pumps 100.00 28,563.96



2o Acc-ur.ts Audite;

T. Poppleton, Map of East River, from Rutgers to Scammel

Street 5.00

Mauling & Cczzer.s. Dinner for Corporation. 25''- Novem-
ber ..". "40.50

Thos. Brown. Bar.d M- :5 . Nov 25.00

Thompson Price Bal ce Cont^ for Stone & Work to Park

Fence 986.70

B. OBlenis. Clerk Polke Office, Balance due 20*~ July '.^.7 68.78

The s 7 - -'.Veil. Manhattan 1 231.51

; :-.-. Parsons hal Well. Cherry St 48. 19

H. Allen. 3d inst^t. Pier. Gouvemeur Slip 400.00

T. & G. Lovett. repairs Piers N:s 5 & 6, & at Coenties Slip

&c 1883.47

Thos. C :: - ', Intersections Sla 26.66

Thos. Scott paving Orange Street from Pump St to

Hes:e- St 100.00

TE : Cu'.bert pavir.e Oliver Street 200.00

Chs. Moone?-. pavL^.g Broadway 200.00



15 Dec. 1817 COMMON CotTN'CIL MlNUTES 391



[115] Jas. Meghan, paving Broadway from Prince St. to

Canal St 200.00

Abraham Stagg, paving Orange St. from Chatham St. to

Bayard St 300.00

Thos. Scott, Materials & Work, repaving Whitehall Street. 377.31
Chas. Mooney, repaving Broad Way from Pearl St. to

Leonard St' 600.00

Corlis & May, flagging Broad Way 800.00

Pet. De Baun, Regultng Greenwich St 1000.00

Abeel & Dunscomb, Iron Mongery for Super tdn e Repairs,

3 Jan. to 1. Nov 510.27

Jac. P. Roome, Sup n e Repairs, Engine House, Greenwich.. 1000.00

Jac. P. Roome, Sup n s Rep" for Lamp Department 135.00

Jac. P. Roome, Sup"? Repairs of Docks and Slips 1000.00 10.838.39



Balance $.17,725.57
Adjourned to Monday next, 5 o'clock.

[116] In Common Council: December 15 th 1817.
Present. The Honorable Jacob Radclift, Mayor, President.
Aldermen. Assistants.

John B. Coles : Samuel Stevens :

Jos. Warren Brackett: Leonard Kip:

Anth. L. Underhill : W m F. Van Amringe :

Eldad Holmes : John Remmy :

Thos. R. Smith: Samuel Akerly:

Geo. Buckmaster : Jacob B. Taylor :

Arthur Burtis : Stephen Allen :

Reuben Munson : Efng hm Schieffelin.
George B. Thorp :

The Minutes of the last Meeting were read and approved.

The Comptroller presented a Statement of the Account of Alder-
man Smith Chairman of the Committee of Arrangement for the Re-
ception of the President of the United States on his visit to this City,
stating that he had audited the same and found the sum advanced
was Twelve Hundred Dollars, and the Sum expended [117] Twelve
Hundred & Eighty Three Dollars Ninety four cents, leaving a Bal-
ance due to the Chairman of Eighty Three Dollars Ninety four cents,
for which a Warrant was presented this evening which Report was
approved.

The Comptroller presented a Report, stating that the state of the
Treasury would admit of discharging a part of the Debt due by the
Corporation, and he proposed discharging a Bond to the Mechanic's'^



392 CITY OF NEW YORK 15 Dec. 1817

Bank of Eleven Thousand Dollars, for which purpose a Warrant was
presented this evening which was approved and the Warrant directed
to issue.

A Memorial of Thomas Addis Emmett President and the other
Officers of the Irish Emigrant Society, praying the countenance of the
Corporation to a Memorial about to be presented by them to Congress
for the Grant of a Tract of Land for the settlement of Irish Emigrants
was read and referred to Mr. Recorder : Mr. Allen : Alderman Coles.

[118] A Petition of John Thurston, for Remission of Fine incurred
by Selling Poultry in the vicinity of Fly Market, was read and re-
ferred to the Counsel for his opinion as to the legality of the Ordi-
nance on that subject.

Petitions from William Patterson, for remission of fine incurred
under Street Law : from Daniel Mott and Francis O. Neale, for remis-
sion of fine under Market Law : and from Stephen P. Laune, for re-
mission of fine incurred by Sifting Lime in the Streets were read,
and leave given to Petitioners to withdraw their petitions.

A Petition of Edward Doughty, City Surveyor, for payment for
Surveying and Maps for 10 th Ward was read and referred to the
Committee of Finance.

A Petition of Joanna Bayard, for Remission of Fine for Selling
in the Market with Measures made of Tin was read and referred to
the Market Committee.

A Petition of John W. Weyman, for [119] payment of sundry Re-
pairs made in the Room occupied by him as Clerk of the Sessions and
of other expences incurred in the arrangement of said office was read
& referred to Committee of Repairs.

The Commissioners of Estimate & Expence on the Improvement
of Henry, Cross and Anthony Streets requested that they might, agree-
ably to the Statute in that case made and provided, be furnished with
a Profile of the said Streets whereupon the same was referred to the
Street Commissioner to furnish the requisite profiles.

A Representation of the Grand Jury, addressed to the Court of
General Sessions of the Peace and by their request to be laid before
the Common Council, on several subjects respecting the Police of the
City, was presented by his Honor the Mayor and, having been read,
was referred to Aldermen Smith: Brackett : Coles: Buckmaster : Mr.
Schieffelin: and The Counsel,
with authority to the Mayor to publish the same.

[120] A Petition of Edward C. Priest and others, proposing the



15 Dec. 1817 COMMON COUNCIL MlNUTES 393

establishment of a Fire Company to be termed a Fire Guard, was read
and referred to the Committee on the Fire Department.

A Petition of John Simonson, for a Stall in Catharine Market or
Centre Market: a Petition of Hassel Wheeler, for Stall No. 57 Fly
Market: one of Jacob Pessinger, for Stall No. 41 Catharine Market:
and one of John Someryndyck, to Sell meat at the Corner of Duane
and Augustus Street were severally read and referred to the Market
Committee.

A Remonstrance from Sundry Inhabitants against certain parts
of the Improvements proposed to be made in Roosevelt Street, was
read, and leave given to Petitioners to withdraw their petition.

A Petition of the Inhabitants of the 1 st Ward, praying that the Per-
mits heretofore granted to Two Butchers at the foot of Broad Street
may be continued: and Petitions of John Ackley and [121] of Stephen
Doane that Permits heretofore granted to them may be continued
were severally read and laid on the Table and it was ordered that
the Suit against Peter Crawbuck be suspended.

A Petition of James Lyels, for Remission of Fine under the Mar-
ket Law, was read and granted.

Upon the verbal Representation by the Attorney of the case of
William Martine confined on Judgment recovered against him for
Selling Liquor without License, it was referred to the Attorney, with
authority to relieve him on payment of costs.

A Petition of Thomson Price, Contractor for the Mason work of
the Fence around the Park, praying Remuneration for additional ex-
pences incurred by the Insolvency of one with whom he had made a
Contract for Materials and had advanced a sum thereon was read,
and leave given Petitioner to withdraw his petition.

[122] A Remonstrance, from the Licenser of Chimney Sweepers,
against any alteration in the Law Regulating Chimney Sweepers
was read and referred to the Committee on that subject: to wit
Van Amringe : Holmes : and Remmy.

A Petition, that the Law respecting Hogs may be Repealed, was
read and referred to the following Aldermen Brackett : Burtis : Coles :
Smith : and Buckmaster.

A Communication was received from the Reverend John Stan-
ford being an address to Parents on the subject of certain dangerous
amusements of the youth of this City which was read and referred
to the Committee on Sunday Laws.

Upon the representation of the Street Commissioner, John Targee
was appointed [123] Assessor in the Ordinance for Regulating Wash-



394 CITY OF NEW YORK 15 Dec. 1817

ington Street, passed 6 th November 1816, in place of James H. Guion
removed into the country.

The Counsel, agreeably to order, presented a Law to amend the
Law to Regulate the Public Markets, which was read and passed.

The Counsel presented a Lease to William Cutting for Lot No. 17
at Brooklyn, which was directed to be duly executed He also re-
quested permission to strike out the words " Last part " from another
lease to Mr. Cutting and to insert the word " instant " which was
directed to be done.

He also presented a Report (respecting a Deed from the Cru-
gers) to wit

" The Counsel herewith submits a Deed from Bertram P. Cruger
and Wife, Henry N. Cruger and Wife, and Nicholas Cruger and
Wife for so much of the Road leading to the Hurl Gate Ferry as be-
longed to the Cruger Estate. This property has recently been sold in
pursuance of an Order of the Supreme [124] Court and was purchased
by the above-mentioned persons who now give a Warranty Deed for
the same and also covenant to save the Corporation harmless from all
demands from the heirs or deviser [e]s of the late Nicholas Cruger or
of any persons claiming under or thro' them for or on account of or in
any measure appertaining to the said premises or any part thereof.

" Four Fifths of the Ground conveyed was long since taken by the
Corporation in pursuance of a law of the State, but was not paid for.
Some doubts are entertained as to the regularity of the proceedings in
the Supreme Court by virtue of which it was sold as aforesaid.

" But as it. would be difficult, if not impossible, to obtain a more
perfect title, and as the Grantors are understood to be wealthy men,
the Counsel is of opinion that the Board can with safety accept their

(sign'd) Ogden Edwards,
which Report was approved, and the Deed accepted.

[125] The Counsel, also, on the Petition of Richard P. Lawrence,
which had been referred to him, Reported as follows :

"That he is satisfied that the Statements therein contained are true.
That he has consulted the late Counsel of the Board, who conducted
the suit against Mr. Lawrence, and that he is of opinion that if Mr.
Lawrence pays the costs of the proceedings against him that it would
be proper to remit the penalty.

" Under these circumstances, and as it appears to the Counsel that
the violation of the Law was not wilful on the part of the petitioner,
and as the costs are sufficiently heavy as the suit was commenced in



15 Dec. 1817 COMMON COUNCIL MINUTES 395

the Supreme Court, he is of opinion that it is proper that the penalty
should be remitted on paying the Costs."

Respectfully Submitted

(sign'd) Ogden Edwards.

which was approved and the Penalty Remitted on payment of Costs.

[126] The Counsel, on the Communication of the Street Commis-
sioner respecting the claim of Abijah Hammond to the Earth in
certain Streets in Greenwich Village, reported as follows:

" That by the common Law the owner of the ground over which
a high way is run is entitled to the earth and all the fixtures upon
it, and can maintain an Action of Trespass against any person who
shall remove them But by a Statute of this State it is made lawful
for the Corporation " To cause Common Sewers, drains or vaults to
be made in any part of the City and to order and direct the altering
and amending of any Street within this City." If therefore the roads
or ways in question are to be considered as Streets, the Corporation
has a right to regulate them. As to such of the roads or ways in
question, as Mr. Hammond has sold the whole of his property border-
ing upon, and has bounded it in his deeds upon those ways and desig-
nated them as Streets, (which is said to be the case upon Hammond
Street.) The Counsel is of opinion that Mr. Hammond would [127]
be estopped from pleading that they were not streets The Counsel
is also of opinion that he would also be estopped from pleading that
such of the said ways or Roads were not Streets, as he has sold prop-
erty upon, and bounded it upon them as Streets, provided there was
no other way to it As to these therefore the Counsel is of opinion
that the Corporation have a right to order the altering, amending, &c.
in pursuance of the Statute.

" The Counsel thinks it proper that he should state that he has
not been able to find any decision bearing directly upon this subject,
but is led to this opinion from what he conceives to be the operation
of general principles. The question however is one of too much
importance to the Inhabitants of this City, to be voluntarily relin-
quished. He therefore respectfully recommends that the Street Com-
missioner be instructed to proceed with the regulation of such streets
as Mr. Hammond has sold property upon and bounded it upon such
Street, provided such property is not accessible from any other

(sign'd) Ogden Edwards.

[128] which Report was approved, and the Street Commissioner
directed to take measures accordingly.



396



CITY or NEW YORK



15 Dec. 1817



The Counsel also presented a Lease to Samuel Evans for a Ferry
from the foot of Walnut Street to Little Street on Long Island
which was laid for consideration.

The Committee on the Fire Department, on the Petition of Peter
Schermerhorn and others, presented a Report which was referred
back to said Committee for further consideration.

The Street Committee and Street Commissioner to whom was
referred the Petition of Daniel Ewing praying to be appointed a City
Surveyor, reported in favor of the Petitioner, and he was accordingly
appointed.

The City Inspector presented sundry Ordinances for Correction
of the following Nuisances:



J. Baker

A. Riker

W. Dusenberry

S. Elder

[129] J. M c Gowan

W. Sickles

Jno. Meyers

W. Sickles

A. Wender

S. Parrot

W. M c Lean

Ry Carpenter,

J. Stephens

M. Hart

J. Herring

E. Azents

E. Anderson,

E. Brain

E. Carey

J. Lourbieu

A. Crum

D. Hardman

J. Stephens

D. Wilkins

A. Hagerman

C. Hile

A. Hagerman

R. Kirby



Own. & Occ.



do.


do.


9.


do.


do.


do.


11.


do.


do.


do.


13.


do.


do.


do.


15


do.




Own.J
Occ. (


19.


do.



Occ.



Occ.
Own. & Occ.



Occ. \
Own. I
Occ. \
Own. &. Occ.



Occ. j
Own. &. Occ.



Occ. \
Own. |
Occ. \
Agent.
Occ.
Agt.
Occ.



7. Chapel St. Privy,
do.
do.
do.
do.

do.



21. do.



23.
25.
35.

39.
41.
43.
47.
57.



do.
do.
do.

do.
do.
do.
do.
do.



64. Warren St.



do.



do.
do.
do.



do.
do.
do.
do.
do.

do.



69. Chapel St. do.



71.



do.



do.



15 Dec, 181'



COMMON COUNCIL MINUTES



397



A. Hagerman

A. Berry
R. Kidney,
[130] R. Kidney
H. Devere

R. Kidney

Mr. Denham

W. Perkins

Mrs. Cox & Mrs. Lane

W. Perkins

J. Van Riper

J. Strong

Cesar Nelson

C. Debevoise

Mrs. Van Blarcom

W m Kinch.

F. Wortendyke

J. Martin

P. Schermerhorn

H. Fountaine

J. Morse

B. Bennet
J. Morse

W. Vanbeuren

J. Morse

E. Chapin

T. A. Thompson,

Geo. Weeks

Mr. Degroot

P. Bertine & J. Kiney,

[131] A. Day

T. Bannen

M 1 Norris

Rob. Dickey

J. Board

Rob. Dickey

E. Van Aulen

Thos. Heath

Rob. Dickey

]as. Murray



73. Chapel St. Privy.
79. do. do.

75. do. do.



77. do.



85. do.



83. do.



do.



155. do.



do.



do.



do.



do.



95. do. do.

Chapel c. Thomas, do.

do. c. Franklin, do.

do. c. Walker. do.

153. Chapel St. do.



do.



Chapel c. Walker, do.

Chapel St do.

Chapel c. White. do.

105. Chapel St. do.

109. do. do.

111. do. do.

112. do. do.

114. do. do.

115. do. do.

116. do. do.



398



CITY OF NEW YORK



15 Dec. 1817



J. Morse
Mrs. Browne


Own.}
Occ. \


127. Chapel St.


Privy


Jas. Dixon


Own. & Occ.


140. do.


do.


J. Morse


Own.}


157. do.


do.


Mrs. Isaacs


Occ. J






Gibson & Davis
W m Purcells


Occ. \


Chapel c. Murray.


do.


Gilbert Rich


Own. & Occ.


do. c. Thomas


. do.


Sam. Paxton
L. Mistier


Own.}
Occ. \


44. Chapel St.


do.


Mrs. H. Clinton,


Own.


Cherry St.


do.


John Bingham,


do.


do.


do.


J. & J. Watkins
A. Rhan [Rand]


Own.}
Occ. \


16. Chapel St.


do.


J. & J. Watkins


Own.}






J J

C. Forbes


Occ. \


18. do.


do.


W m Sickles


Own. & Occ.


20. do.


do.


[132] T. & J. Swords
Mrs. TBarker


Agts. }
Occ. \


22. do.


do.


T. & J. Swords
M. Anderson


Agts.}
Occ. \


24. do.


do.


G. White


Lessee.}






H. Davis


Occ. \


36. do.


do.


G. White


Lessee.}






A. Martin


Occ. \


38. do.


do.


G. White


Lessee.}


A /"\ 1




J. Robinson


Occ. \


40. do.


do.


L. Morey


Own. & Occ.


56. do.


do.


J. R. Livingston
J. Hatsburger


Own.}
Occ. J


72. do.


do.


J. Van Horn


Own. & Occ.


76. do.


do.


P. Ogden


do. do.


80. do.


do.


J. Pool
E. Haines


Own.}
Occ. \


82. do.


do.


J. Montanye


Own. & Occ.


90. do.


do.


C. Fechan


do. do.


94. do.


do.


S. Baxter


Own.}


96. do.


do


T. Wilson


Occ. J




V^ W


S. Baxter


Own.}


98. do.


do.


C. Butler


Occ. \






J. C. Teale


Own. & Occ.


92. Chapel St.


do.



15 Dec. 1817 CoMMO]


sr COUNCIL M


[iNUTES


399


R. M. Livingston


Own.


Vestry c. Lawrence. Lot.


R. Dickey
J. Lovet


Own.}
Occ. \


l.Varick St.


Privy.


[133] R. Dickey


Own. j>


3 HO


do


Mrs. Castine


Occ. \


\J UVJ


Viw.


R. Dickey


Own.}


5 do


do


J. Moses


Occ. \


\J * A ' ' .


ViV^.


R. Dickey


Own.}


7 do


do


J. Miller


Occ. \


/ VI \J


UVJ*


B. Robinson Esqr


Agt.


Orange St.


Lot.




(sign'd)


George Cuming.





City Inspector.
which Ordinances, were passed.

The Street Committee and Street Commissioner, on the Petition
of the Executors of Jonathan Dixon deceased, Reported as follows :

" That they have duly considered the subject, and, from the infor-
mation they have obtained, they are decidedly of opinion, that the
said Gore has always been a part of the Street and was so considered
by the Commissioners of Estimate and Assessment for widening and
improving Orange Street.

" They would therefore recommend that the Common Council
confirm and determine that the Line of Buildings on the North East-
erly Side of Orange Street [134] between Chatham and Cross Street
be and remain the line of Orange Street."

(Signed) E. Holmes:

John Remmy:
Jno. M c Comb
Which was agreed to.

The same Committee & Alderman of the 1 st Ward, on the petition
for widening a certain Alley between Water and Front Sts. reported
that it would be improper to grant the prayer of the petition.
Which was agreed to

(signed) E. Holms:
J. Remmy:
J. B. Coles :
J. M c Comb St. Com r

The Committee on the petition of Stephen Huestis presented a
Report, in favor of the Petitioner. (A Remonstrance against the
appointment of another Weigh-Master at that place was presented and



400 CITY OF NEW YORK 15 Dec. 1817

read) Whereupon the Report of the Committee and the Remon-
strance were directed to lie for further consideration.

The City Inspector, to whom was referred the Resolution respect-
ing the alteration of the 4 th and 5 th Wood Inspection Districts, re-
ported :

" That upon examination he finds that the East Side of New Slip,
now forming a part of the Fifth District, is in a great measure de-
prived of the advantage of an Inspector, from the constant attend-
ance of the Inspectors of said District [135] being required at Peck
Slip, in said Fifth District : hence they seldom ascend the River above
Dover Street Wharf.

" The City Inspector would therefore recommend that the Fourth
District should terminate at Dover Street Wharf, including the East
Side of said Wharf, instead of New Slip, as the Regulation now stands.

" This Measure, if adopted, will ensure a more regular Report of
Firewood at the Office ; one very desirable, and which, it is to be
hoped, will be attended with future advantage to the public.

" Connected with the subject of Fire wood Reports, the City In-
spector has to regret that Israel Wood, Inspector of Wood of the
Fourteenth District, has never made any reports at his Office. The
few reports he received, from a part of the said Fourteenth District,
were handed to him by John Guest, who gave in the Reports of all
the Fire wood he inspected for the said Israel Wood : and farther it
is but iust to state, that the said John Guest, [136] upon application
made to him, reported the Firewood he inspected from the 1 st of
January 1816 to his removal from office the June following: all the
other removed Inspectors having refused to follow his correct ex-
ample."

(sign'd) George Cuming,

Cit. Inspector.

which was approved, and he was directed to give notice to the several
Inspectors, Measurers &c. directed by Law to report to him, that a
punctual compliance with the requisitions of the law was expected
from them.

The Finance Committee, on the petition of Samuel Tooker and
others, reported the following Recommendation:

" That the Corporation, by their Counsel, execute to the Applicants
a Lease of Lots Nos. 18, 19 and 20 in Duane Street, or any two of
them, for the purpose of erecting a Church or for other purposes, for
21 years from the 1 st day of May next at the yearly rent of One Hun-
dred and twenty Dollars for each Lot provided the old Leases



15 Dec. 1817 COMMON COUNCIL MlNUTES 401

granted by this Board are [137] first cancelled, and provided also
that this arrangement be completed before the 1 st day of March next,

and not otherwise." .

(signd) Thos. R. Smith:

Stephen Allen:
Reuben Munson :
Samuel Akerly.
which Recommendation was approved.

The Committee on the Petition of Peter H. Schenck, as noticed
in the Statement of David S. Jones Esqr. late Counsel of the Board,
reported :

" That they conceive the Statement of the late Counsel to be cor-
rect and that the said Peter H. Schenck is entitled to the Balance or
difference of the Two sums mentioned in the said Statement, with
Interest from the twenty first day of November last and your Com-
mittee also approve of the Release, drawn by the said late Counsel,
agreeable to the report of the Commissioners for opening the said
Street and recommend the following Resolutions :

"Resolved that the Comptroller, [138] at the next meeting of
the Board, bring in a Warrant in favor of Peter H. Schenck, for the
Balance & Interest above referred to.

" Resolved that the Board execute, to the said Peter H. Schenck,
the Release which was prepared by the late Counsel of the Board,
and which accompanied his Statement."

(sign'd) J. Warren Brackett:
Samuel Stevens:
Effingham Schieffelin.

which Report was approved, and the Comptroller was directed to
report the Warrant agreeably thereto.

The Road Committee and Street Commissioner, on the Petition of
Robert Latimer, presented a Report which was referred back to the
same Committee and the Counsel. They also presented the following
Resolution :

" Resolved that in future, in all Contracts to be entered into by
this Board, the person or persons who may so contract shall not be
permitted to commence said work, until the necessary security be
given and approved of."
which Resolution was agreed to.

[139] The Street Commissioner presented a Communication on
the subject of the Lots at Varick Basin, together with a Map of
the ground which were laid on the Table.



402 CITY OF NEW YORK 15 Dec. 1817

The Finance Committee, to whom it was referred to consider the
subject of receiving Rent from Butchers' Stalls, presented a Report
which was laid for consideration.

Resolved that a Committee be appointed to enquire into the pres-
ent state of the Office of the Clerk of the Common Council, and report
to this Board whether any and what alterations should be made therein
which was referred to Alderman Smith : Mr. Stevens : Mr. Allen.

The following Resolution was presented:

" Resolved that his Honor the Mayor appoint another member to
supply the place of Assistant Alderman Stone in the Road and Alms
House Committee, Mr. Stone having left the City and not [140]
expecting to return for some time to come " which was agreed to,
and Mr. Akerly appointed.

A Resolution, directing the Superintendant of Repairs to Number
the Pumps anew, and to put up the usual number of Sign Boards, was
presented & agreed to.



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