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

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Hugh Smith, pav. Orange St. from Bayard to Pump St 100.00

Chs. Mooney, pav. Cross St. from Pearl to Mott Street 100.00 4185.22

Balance $=2933.27
Adjourned to Monday next, 4 o'clock.



23 March 1818 COMMON COUNCIL MlNUTES 549

[61] In Common Council March 23. 1818.
Present. Thos. R. Smith Esq. Deputy Mayor, President.

Richard Riker Esqr. Recorder.
Aldermen. Assistants.

John B. Coles Samuel Stevens

Anth. L. Underbill Leonard Kip

Geo. Buckmaster W. F. Van Amringe

Arthur Burtis John Remmey

Geo. B. Thorp Samuel Akerly

Reuben Munson Jacob B. Taylor

Effing. Schieffelin
Stephen Allen.

The Minutes of the last meeting were read and approved.

A Communication was received from the Reverend John Stanford,
communicating a Manuscript Copy of a Catechism composed by him-
self for the use of the Children in the school of the Alms House and
also requesting to be permitted to take of [from] the Clerk's Office
occasionally one of the volumes o'f the Minutes of the Council to
enable him to complete an historical account of the public Buildings of
the City which he is now engaged in which was ordered to be re-
ferred to the Committee on Arts and Sciences.

[62] A Petition of Josephine Du Bourg, a native of Saint Do-
mingo, praying some pecuniary aid to enable her to join her hus-
band now in France was read and referred to the Committee of
Charity, with authority to grant aid to Petitioner in a sum not ex-
ceeding Fifty dollars.

A Petition of Abraham Fisher, requesting a Licence for his son a
Minor to drive a Cart was read and referred to the Deputy Mayor,
with authority to grant the prayer of Petitioner.

A Petition of William Pye for permission to construct a Vault in
Chamber Street, and one of John Adams for a vault in the same
Street, were granted on the usual terms.

A similar Petition of Elbert Anderson for a Vault in Chamber
Street was granted : and a petition of Mr. Anderson to construct a
Brick Cistern in the Street was referred to the Street Committee and
Street Commissioner.

A Petition of the Heirs of John Post, for a Water Grant, and per-
mission to sink a Bulkhead on the Lot at Corlaer's Hook belonging- to

o o

the Estate [63] was read and referred to the Committee on Wharves,
Street Commissioner and Comptroller.



550 CITY OF NEW YORK 23 March 1818

A Petition of John Ackerman to be permitted to remove a small
Frame House from the corner of Washington and Harrison Streets to
the corner of Harrison Street and Rhinelander's Alley was read and
leave granted on condition that the Petitioner employed a Truck for
the removal of said Building.

A Petition of Charles Caharty, for Remission of Penalty for
keeping a disorderly house on Sunday, was read and leave given to
Petitioner to withdraw his petition.

A Petition of Alexander R. Wilson, to be appointed a City Weigher,
was read and granted.

A Petition of Samuel Johnson, to be appointed a Measurer of
Grain, was read and referred to the Committee on Applications.

A Petition of Joseph F. Margin, praying a Loan of a Sum of
money was read and referred to the Committee on Charity.

[64] A Representation or Request of Daniel M. Hitchcock, Con-
tractor for the Public Docks and Slips, that the payments to be made
by him may be made in 4 equal Instalments, the first to commence on
the 1 st of November next and the last on the 1 st November following
was read and referred to the Committee of Finance.

A Remonstrance of Sundry Inhabitants of the First Ward residing
near White Hall and Bridge Street against the alterations prayed for
on said Street by Messrs. Whitney and others was read and referred
to the Committee on that subject

Namely The Street Committee and The Street Commissioner.

A Memorial of Samuel Jones of Oyster Bay in Queens' County was
received, stating that he some years since ceded to the Corporation two
streets in the Eigth Ward named Jones Street and Bond Street that,
by some inaccuracy of the Surveyor who run out the said Streets, the
Northerly line of Jones' Street varies from the line in the Deed of
Cession and is a few inches too far north on the Bowery, and about
two feet too far north [65] on Broad Way that the only buildings
erected are one erected by Peter Hattrich, another by Joseph Graham,
by David S. Jones and Petitioner that the Buildings erected are upon
the line of the Streets as now laid out : and praying that the South
westerly corner of the building erected by said Peter Hattrich and the
Southeasterly corner of the Building erected by said Joseph Graham
may be considered as standing on the Northerly side of Jones Street,
and that a line from Broad Way to the Bowery through those points be
the future Northerly Line of that street and that the Southerly line of
Jones' Street and the lines of Bond Street be corrected in conformity
to said alteration Whereupon, it was resolved, that the prayer of said



23 March 1818 COMMON COUNCIL MlNUTES 551

Memorialist be granted and that the lines of the said Street be here-
after considered to run as above described and set forth.

A Petition of William Hunter and Thomas Morrell, Lessees of the
Ferry at Grand Street, was received, stating that from various causes
they have been unable to establish the Boats on their Ferry within the
time prescribed in their lease and praying an extension of the time.
Whereupon, resolved that the Petitioners have time for 4 months from
this date for placing [66] said Boats on the Ferry.

A Petition of Walter Covert was received, stating that in May last
he took out a License from the Mayor to retail spirituous liquors
which license he lost ; that he has been twice prosecuted for selling
liquor without license and not being able to produce the License re-
coveries have been had against him and he has paid the fines thereon
that lately he has been able to produce testimony, which he hoped
would be satisfactory to the Common Council, of his having taken out
said License and therefore prayed the monies so paid might be re-
funded to him. A Deposition by himself of the fact, and of John Ryan
and John Wright of having seen such a License in Petitioner's posses-
sion, and of Eliza Ryan that her husband compared his License with a
License of petitioner's and that they were alike accompanied the
Petition. Whereupon, the same was referred to the Committee on
Public Offices and the Attorney.

The Attorney, to whom in the absence of the Counsel was re-
ferred the Report of the Committee on Laws on the subject of ap-
pointing an Inspector of Shin- [67] gles and a Measurer of Cut Stone
and Laths, reported That

' The Petitioner complains of impositions practised in the measure-
ment of hewn stone and in the sale of Marcus Lath, and prays that
the same may be regulated by Law, and that a Measurer of hewnstone
may be appointed and an Inspector of Lath.

' By the Charter of the City the Corporation possess the power of
regulating the measuring and surveying of Commodities in the City;
and also the power of passing all Laws which they may deem necessary
for the good government and welfare of the City, provided such laws
be not contrary to the constitution and acts of the Legislature of the
state.

' It is from this general source that the Corporation have derived
the power which they have always exercised, and which he has never
heard doubted, of passing and enforcing several laws of a similar
nature to the one required by the annexed petition viz the Law to
regulate the sale & inspection of Lime the Law to prevent fraud in



552 CITY OF NEW YOSK 23 March 1818

the sale of vegetables to regulate the sale and inspection of Firewood,
Hay &c. These laws all refer to articles or commodities intended for
home consumption or for the use [68] of the City.

" The Act of the Legislature, entitled an Act for the Inspection of
Lumber, like all the Inspection laws of the State, applies only to such
articles as are intended for exportation, and was enacted with a view
only to foreign markets. It imposes no regulations on articles con-
sumed or used in the City, and would not therefore clash with any
local arrangement of the place.

" As the Petition refers to articles intended for home consumption
or City use, and prays for a Law to prevent frauds and impositions
practised in the sale and measurement of those articles, the Attorney
is of opinion that the Corporation have the power of passing the law
required without an Application to the Legislature for that purpose."

(sign'd) A. Sherman

He also, on a reference to him from the Report of the same Com-
mittee on the subject of Inspection of Shingles, reported

" That as the Law called for by the Petitioners would apply to the
inspection of Shingles intended for home consumption only and as
the State laws relating to the Inspection of Lumber applies only to
Lumber [69] to be exported, he is of opinion that the Corporation
have the power to make the regulation required, and that in so doing
they would not contravene any existing act of the Legislature or ex-
ceed the power given to them by the Charter."

(sign'd) A. Sherman.

which several Reports were approved, and it was referred to the fol-
lowing Committee to report Ordinances agreeably thereto, namely to
Aldermen Thorp Buckmaster Kip and The Attorney, of the Board.

It was also resolved that the Committee on Laws, to whom at the
last meeting was referred a Petition requesting the appointment of
an Inspector of Building Stone be discharged from the further con-
sideration of the same, and that it be referred to the above Commit-
tee to consider thereof, and, if they deem it advisable, to report an
Ordinance regulating the same and providing for the appointment of
an Inspector of Building Stone.

The Attorney agreeably to the reference to him reported the Draft
of a Law entitled a " Law to amend the Law for the appointment of a
Street Commissioner, and to regulate [70] the paving and keeping in
repair and to prevent obstructions in the Streets of the City of New
York" which was read and passed.

The Attorney presented a Communication, stating that complaints



28 March 181 8 COMMON COUNCIL MlNUTES 553

had been made against the following persons licensed to retail spirit-
uous liquors for permitting gaming in their houses contrary to the
Recognizances entered into by them Namely Richard Shoe Silent
Graves Thomas Bartow Jno. H. Morrison

whereupon it was referred to the Committee of Laws with authority
to direct prosecution, if in their opinion proper.

The following persons were appointed Firemen, (the Chief Engi-
neer certifying the vacancies.)

" Floating Fire Engine Company."

Thos. Dixon, grocer, Division c. Third, 10 ward, vice William
Conklin, Resigned to join the City Watch.

Sam. Parker, House Carp. 19 Oliver St. 4 ward, vice Isaac Wil-
liams, Resigned.

Sam. Bowman, painter, 33 Oak Street, 1 ward, vice Alex. Thomp-
son, Deceased.

[71] "Fire Hose Company No. 1."

Rich. Vose, Mercht. 20 Harrison St. 5 ward, vice Joseph Eldridge,
Expelled.

' Fire Engine Company, No. 9."

Will. L. Hardie, Tobacconist, 36 Water St. 1 ward, vice a Vacancy
by a new place.

"Fire Engine Company, No. 11."

Hen. Lowery, Mercht. 27 Moore St. 1 ward, as an additional
member.

Jno. D. Brown, Chair M r 53 Broad St. 1 ward, as an additional
member.

" Fire Engine Company, No. 22."

Jno. Covert, Ship Wr l 13 Pike St., 7 ward, vice Jno. Buckmaster,
Resigned.

" Fire Engine Company, No. 27."

Jotham Gathwait, Mason, 24 Spring St. 8 ward, vice Azariah Ross,
Departed.

Absalom F. Randolf, Mason, 25 Spring St. 8 ward, vice Henry
Howard, Chosen Fire Warden.

The City Inspector presented Ordinances for Correction of the
following 23 Nuisances : namely

Will. Argell, Own. & Occ. 5 Thomas St. Privy.

L. Rooney, Own.) AQ .

-, T -D , \ 48^ Duane St. do

M. Barber Occ.



554 CITY OF NEW YORK 23 March 1818

Mr. Smith Own.]

Jas. Grant Agt. j> 25 Oak Street Privy.

J. Smith Occ. J

[72] Will. Brevoort Own.) 29 Oak Street do

M. W. Hunt Occ. \

S. Cave, Les. & Occ. 293 Broadway do

W - & ? P St Wn ] 313 Pearl Street do

R. L. Murray Occ. J

J. Clark Own.) do

M. O'Connor Occ. C

W. Bowne Own./ __ do

C. & J. Coles Occ. \

W. Bowne Own.) ^ (( ^

S. Wood Occ. ^

J Bertine Own.) ^ do

E. Crane Occ. \

J. O. Bogert Own.)

R. E. Mount Occ. \

J. O. Bogert Own.)

J. Kissam Occ. \

G. Effingham Own.)

J. Hawxhurst Occ. \

Dr. J. Francis Own.)

S. Shaw Occ. f

Dr. J. Francis Own.) M do

J. Delatore Occ. ^

J- B g ert Own -? 417 do

Mrs. A. Byvanck, Occ. (

J- Bogert Own.)

C. Wilson Occ. J

M. Redder Own. & Occ. 421 do

Miss Gilmore Own.)

A. Perry Occ. J

Miss Gilmore Own.) 43517 do

J. Stinefelt Occ. \

N. Starache Occ. 295 Broadway do

[73] M. Leon Own.l

Rev. W. Thatcher Les \ 445 Pearl St. do

W. Murphy Occ. J



23 March 1818 COMMON COUNCIL MlNUTES 555



M. Leon ^w^.^rj./ p , ~ t Pr : vv

.. , T _ . f^jJ/2 .real i or. Jrnvy.

Mrs. M c Kenzie Occ. j

(sign'd) G. Cuming

City Inspec

which Ordinances were passed.

The Attorney in behalf of the Counsellor presented Deeds to
George Lorillard for certain Collect Lots a Deed to John Hone for
a Lot in White Hall Street a Deed to Stephen Thorn Junior for a
Lot at the Corner of Augustus and Chamber Streets a Lease to Hart
and Belden for the upper part of the Watch House in Eldridge Street
also Leases to sundry persons for the Cellars under Catharine
Market which were severally directed to be duly executed. He also
presented a Lease to Daniel M. Hitchcock for the Public Wharves
and Slips, and a Contract with George Lovett for building a Dock at
the foot of Spring Street which were referred to the Finance Com-
mittee.

The Street Commissioner presented an Assessment for regulating
Anthony Street (formerly Little Water Street) from Cross Street
towards Canal Street which was confirmed and Noah Jarvis ap-
pointed Collector.

[74] The Street Commissioner presented an Ordinance for paving
South Street from Peck Slip to Dover Street which was passed and
Jacob C. Mott, Abraham Baudouine and John Brower were appointed
Assessors.

He also presented a Return of Delinquents on the following Assess-
ments for improving Franklin Square for enlarging and improv-
ing Orange Street for regulating and paving Orange Street from
Chatham Street to Bayard Street for paving Orange Street from
Pump Street to Hester Street for enlarging and improving Maiden
Lane for regulating and paving Mulberry Street, and for regulating
and paving White Street Whereupon, warrants were ordered to
issue to the Collectors for collection of the same.

The Street Committee and Street Commissioner, to whom was
referred the petition for paving Collect and Leonard Streets, Re-
ported :

' That they have duly considered the subject, and are of opinion
that the prayer of the petitioners ought to be granted as to regulating



556 CITY OF NEW YOKK 23 March 1818

the Streets and would recommend that the Ordinances here- [75]
with submitted may be passed for regulating Collect Street, and Leon-
ard Street from Orange Street to Elm Street."

(sign'd) John Remmey
Leonard Kip
John M c Comb St. Comm r

which Report was approved, and an ordinance for regulating Collect
Street from Pearl Street to Canal Street, and an Ordinance for regu-
lating Leonard Street from Elm Street to Orange Street, were passed,
and Jacob C. Mott, Abraham Baudouine and John B rower were ap-
pointed Assessors in each.

The Street Committee and Street Commissioner, on the Petition
for opening Willet Street, Reported That

' The Prayer of the Petitioners ought to be granted.

" Sheriff Street as well as Willett Street has been inclosed and
occupied as a Nursery and Garden for a number of years.

" They therefore recommend that Sheriff and Willett Streets bt
opened and regulated, in order that the Occupants may not by pos-
session acquire any rights therein for which purpose they have di-
rected the Street Commissioner to prepare the inclosed [76] Ordi-



nances."



(sign'd) John Remmey
Leonard Kip
John M c Comb St. Comm r

which was approved, and an Ordinance for regulating Willett Street
from Grand Street to North Street, and an Ordinance to regulate
Sheriff Street from Grand Street to North Street, were passed and
John Targee. Abraham Bloodgood and John Brower were appointed
Assessors in each.

The Special Committee, on the Petition of David Dunham and
others for an extension of their lease for the ferry at the foot of
Delancey Street, recommended :

" That the Lease be so extended as to expire the same time the
one does at Grand Street, which will be twenty years from August
next (your Committee understand the present lease of D. Dunham
has Sixteen years yet to run.) If this should meet the approbation of



23 March 1818 COMMON COUNCIL MlNUTES 557

the Board, the Lease at the foot of Grand Street and the one at
Delancey Street will expire at one and the same time (say) in 1838 "
All which is res- [77] pectfully submitted

(sign'd) Reuben Munson

Albert Burtis
" Samuel Akerly

W. F. Van Amringe
John B. Coles
which Report was approved.

The Committee of Wharves, Piers and Slips and Street Commis-
sioner, on Petition of the Heirs of John Gardner deceased complain-
ing that the Corporation received Wharfage from the Property of the
deceased, Reported:

" That they have made the necessary enquiries and state that the
Corporation have not collected or authorized any such collection on
aforesaid property."

(sign'd) A. L. Underbill
G. Buckmaster
John M c Comb)
St. Commis.C
which Report was approved.

The Finance Committee, on the Petition of John B. Fiora, Re-
ported :

" That in their opinion it would be improper to make any special
Arrangement in relation thereto, as such a measure would interfere
with the Contracts made for paving and flagging said Street [78]
but as the case of the Petitioner appears to be a hard one, they would
suggest that the Collector be instructed to use as much forbearance
in this instance as is consistent with the duties of his Office."

(sign'd) Thos. R. Smith
Leonard Kip
Stephen Allen
Reuben Munson
Samuel Akerly
which Report was approved.

The Finance Committee, on the Petition of the Trustees of Spring
Street Church, Reported: That

" The amount of the Tax is understood to be about forty Dollars,
and the sum of course can be of little consequence to the funds of the
Corporation : but at the same time it is believed that to remit or can-



558 CITY OF NEW YORK 23 March 1818

eel the Tax might introduce a bad precedent and be followed by con-
sequences detrimental to the public interest and as, on the other
hand, it is well known to the Committee that this Church is labouring
under great pecuniary embarrassments, it is recommended that the
Collector of the Tax be instructed to delay the Collection thereof till
the further order of the Board." all [79] which is respectfully sub-
mitted

(sign'd) Thos. R. Smith
Leonard Kip
Samuel Akerly
Reuben Munson
Stephen Allen,
which Report was approved.

The Finance Committee, on the Petition of John Andariese and
Catharine Romaine praying for a sum of money awarded to [him
for] a lot on opening First Street, Reported:

" That they have examined the claims of the Petitioners so far as
documents have been presented to them or information could be ob-
tained: and the Committee have no reason to doubt the justness
thereof: still as the chain of title has not been fully laid before the
Committee, and as it is right that in all such cases the Board should
proceed with prudence and caution, it is respectfully recommended
that before this award, amounting to about One hundred and twenty
dollars, is paid to the Petitioners, they execute to the Corporation a
bond with good and sufficient security to be taken under the direction
of the Comptroller to bear the said Corporation harmless in conse-
quence of making said payment."

(sign'd) Smith: Kip: Allen
Munson : Akerly
which was approved.

[80] The Committee on Wharves, on the petition of Abraham
Storms presented a Report which was read and laid on the Table.

The Special Committee, on the Communication from General
Clarkson on the subject of Pauperism, Reported:

" That they have had the same under consideration but from the
present limited information possessed by your Committee as to the
views and plans of the Association on the subject of Pauperism, your
Committee decline giving an opinion as to its probable practical ad-
vantage.

"They remark that the subject is an important one to the Corpora-
tion and the Community at large



23 March 1818 COMMON COUNCIL MlNUTES 559

" They therefore recommend that a Committee be appointed to con-
fer with the gentlemen composing this Association, and to report
to the Board from time to time such facts and information on this
subject as in their opinions will be interesting to the Corporation."

(sign'd) Reuben Munson
Stephen Allen
Samuel Stevens
Samuel Akerly
which Report was approved.

[81] The Street Committee and Street Commissioner, on the Peti-
tion of Stephen Whitney and others presented a Report, which was
read and referred back to the same Committee for further considera-
tion.

The Report of the Special Committee on the Memorial of Rich-
ard Varick, which was presented at the last meeting and laid on the
table, was called up, and after some discussion the Recorder presented
the following Resolution:

" Resolved that it be referred to the Street Commissioner in con-
junction with Four Surveyors, two to be selected by Colonel Varick
and two by the Street Commissioner in behalf of the Corporation, to
ascertain and report to this Board where the true line of Bleecker
Street runs and make an exhibit thereof by a Map, to be made in con-
nection with the land of Colonel Varick adjoining Bleecker Street."
which Resolution was agreed to.

The Street Committee and Street Commissioner, on the petition of
Benjamin U. Coles, relative to his Building in Broad Street, Reported :

" That they have carefully examined the subject, and are of opinion
[82] that the prayer of the Petitioner ought not to be granted inas-
much as it would form a disagreeable projection into the Street when
viewed in any direction, and the Petitioner has proceeded to lay the
foundation of this building on the line as expressed in his deed."

(sign'd) Leonard Kip
John Remmey
John M c Comb)
St. Comm r C
which Report was approved.

The Committee of Applications, on the Petition of John Johnson,
for an appointment to office, Reported :

" That he is a suitable person to receive the appointment of wood
Inspector, and recommend his appointment as wood Inspector for



560 CITY OF NEW YORK 23 March 1818

the Thirteenth District in the place of Israel Wood whom your Com-
mittee represent as having neglected his duties and therefore recom-
mend his removal."

(sign'd) Effingham Schieffelin
Jacob B. Taylor.

whereupon, on motion that Israel Wood be removed from the Office
of Inspector of Firewood, the Same was carried in the Affirmative :
and on like Motion, John Johnson was ap- [83] pointed Inspector of
Firewood for the Thirteenth District.

The Finance Committee, on the Petition of Messrs. Bailey and An-
derson,*

[84] Resolved that it be referred to the Committee on Assess-
ments to examine and report a better plan for the ruling and prepar-
ing the Assessor's books for the year 1818.

Resolved, that it be referred to the Alms' house Committee to make
such arrangements for the working such of the Convicts and the
management of the same as may be thought proper, and report to
the Board.

A Resolution on the subject of the grant of Six hundred dollars
to the City Dispensary for the purpose of Vaccination, was presented
by Mr. Akerly and laid for consideration.

An Invitation from the Society for the Instruction of the Deaf
and Dumb to attend an Address to be delivered by Dr. Mitchill one
of the Vice Presidents of the Society on Monday next at 4 o'clock
in the Sessions' Room in the Hall was presented by Mr. Akerly and
Accepted.

The Comptroller Reported : to wit

Balance in Treasury 16 ins $2933 . 27

Deduct 25 per ct. on sales of Lot of ground on Whi[t]ehall

St. to Jno. Hone for $1200 carried to Acct. Sinking Fund 300.00



2633.27

[85] Warrant returned for Award to Thos. B. Clark 2 d ins.

for property to open Lombardy Street 600.00

Rec d Commutation Alien Passengers 220.00

" Rents 4934.24

" Tax 1817 4th wa rd 2000.00

" Arrears of Tax '. 300.00

" 1st Avenue 500.00

" 10th Avenue . 200.00



* Report not entered, although remainder of page was left blank for it. ED.



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