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Cornelius Harsin, reported:

" That they have taken the same into consideration and are of
opinion that it will be establishing a precedent that will give the Board
much trouble and altercation to settle cases of this nature, and
to receive back property from persons who happen to make a bad bar-
gain. Your Committee in this case recommend that the Corporation
receive back the water grant from the [80] petitioner, and he be re-



762 CITY OF NEW YORK 10 Aug. 1818

leased therefrom by forfeiting the improvements now made on said
premises if Harsin see fit to abandon on such conditions."

(signed) A. L. Underbill
S. Stevens
Stephen Allen
which report was approved.

The Aldermen and Assistants of the 8 th and 5 th wards, to whom
had been referred the petitions for a pump at the corner of Varick
and Vandam Streets and for a pump near Walker, Beach and Chapel
Streets, reported in favor of the same which was approved and the
Street Commissioner presented Ordinances for the same, which were
passed.

The Finance Committee, on the petition of Benjamin Clark, re-
ported: "That the subject is one of considerable importance, and
involves in it the principle whether it will be just and proper in the
Corporation to exact from the Society of Friends the Tax or Com-
mutation fixed by Act of Legislature to be paid by them in lieu of
military duty.

[81] "The Committee are of opinion that the Legislature have
acted with great liberality and consideration toward this class of our
Fellow citizens, in relieving them for a trifling commutation in money
from the performance of a very inconvenient though necessary and
indispensible duty; and in order that the payment of this sum should
not interfere with their religious opinions on this subject it is declared
by an Act passed the 15 th of April 1814, that " the Commutation money
to be received from the people called Quakers shall be paid to the
several County Treasurers for the use of the poor of said Counties."
The payment of this money, therefore, is a Tax for the use of the
poor and not a fine for the nonperformance of military duty.

' From the view taken of this subject by your Committee, it will be
perceived that it places the people commonly called Quakers in a
situation, as it respects the performance of military duty, differing ma-
terially from the rest of our fellow-citizens the former being exempt
by law and not required to perform said duty, while the latter are not
only bound to appear on parade at the call of the proper officer, but
must furnish at his own expence the necessary [82] accoutrements or
incur the penalty exacted.

" It follows, therefore, that the causes which would excuse the last
from said penalty, such as sickness, being out of town previous to
being notified and at the time of parade will not excuse the first from



10 Aug. 1818 COMMON COUNCIL MINUTES 763

paying said Tax or Commutation, and that the plea of Benjamin Clark
stating that " he has been unable from bodily infirmity to do military
duty " can be of no validity in the present case, inasmuch as he can-
didly confesses, had he been required, for conscience sake he would
have refused.

"The Committee are decidedly of opinion, therefore, that Mr.
Clark is justly bound to pay the amount of tax due from him as one
of the Society of Friends, and that the Board ought not to interfere
in any instance to prevent the operation of the measures now in train
for collecting and applying to its proper, object the commutation
money due from the people called Quakers : for which purpose they
recommend the passage of the following resolution :

" Resolved that it is inexpedient to adopt any measure which will
prevent or retard the collection of the Commutation money legally due
from the people called Quakers."

(signed) S. Allen R. Munsctn W. F. Van Amringe Approved

[83] A Resolution directing the Collector of Taxes not to proceed
in the collection of the Arrears of Military Fines or Taxes was read
and referred to the Counsel.

Alderman Underbill presented a resolution directing an enquiry to
be made as to the obligation of the Sextons of the different churches
to ring the Bells of the same on the alarm of fire which was read and
referred to a Committee of Alderman Underbill Mr. Kip Alderman
Munson

The Comptroller reported, as follows :

Balance in Treasury 27 th July 265.75

Reed for Rents 3411.38

" Streets 6100.

" Canal Street 500.

" Wells & Pumps 100.

" Tavern Licenses 44. 10

" Mayoralty Fees 253.75

Loan of Mechanic's Bank Ordd 15 June 20,000. 30,674.98



Accounts Audited.

S. Allen Esqr. Chairman Finance Com. for Institution
instruct 11 Deaf & Dumb Ord d July 13. Warrant issued

July 29 500.

[84] Anderson & Walton Watch 1* dist 1118.25

Clark & Hibberd- do. 2d " 682. 50

Bleakley & Brower- do 3d " 413.

R. Graves Ass* St. Comf 2 qrs. Sal. 1st j n st 750.



764 CITY or NEW YORK 10 Aug. 1818

Jac. Morton Clerk of Common Council and receiving

Clerk 1 qr. 1 inst 312.50

W m Hoogland Keeper Penitentiary & 3 Assistants 1 qr.

1st instant 587.50

G. Sickels Keeper City Prison and 2 assistants 1 qr. 1 st

inst 350.

Jno. Burger regs public Clocks 1 qr. 1 st ins 66.66

Daniel H. Magee Keeper Potters field 1 mo. to 1 st instant 46.50
S. M c Cormick Keeper of Park 1 month to 1 st instant and

grass-feed 51.75

N. Phillips, Subscription to Advocate 6 month to 1 st instant 75.
Thomas P. Low printing for Corporation 3 months to 1 st

instant 300. 75

Reub n Stevens posting bills 3 mo. 1 st inst 30.

Thos. C. Morton Materials for Standard of 3 d regiment

Artillery 116.97

Hugh Smith paving Water Street from Clinton to Corlaer

Street 500.

Chs. Mooney Acct. filling Collect St 500.

[85] John Stanley regulating Bond St 400.

Thomas Scott paving South Street 300.

Jac. C. Mott & Associates for Sundry Assess 48 261.

James Pinkney paving Orange St 200.

Terence Tiffany regulating Sheriff St 200.

Mary Golden Exec. W m Golden bal. pavs Hudson St.

from Duane to Chamber St 177.70

Chs. Mooney pavs part of Provost Street 150.

Hugh Smith regg Leonard Street 100.

Jno. Culbert repavK Intersec" Grand & Rynder Sts 29.26

Cornelius Clark pavf? Intersections 4.18

Robt. Pettigrew bal. Well Rivington St 89.25

Geo. Charlton Acct. Well in Mill St 80.

Robt. Pettigrew Well in Cannon St 63.

Hill & Ayres filling Dey St. Basin 1000.

J. McComb Earth delvd at Charlton St. Block 1500.

Thos. McCready delivg Tickets at do 57.50

Dan' Biggs Work at Lamps 3 mo. to 1 Aug 46.58

Jac. P. Roome Sup* reprs. for Docks & Slips 1400.

Jac. P. Roome Sup. reprs. for repairs 800.

Rich. Furman Sup* of Alms-house 5400.

W. Fish. Treasurer to pay 24 dividend City Stock due 1 st

August 12000. 30,659.85

Balance $15.13

Adjourned to this day fortnight 5 o'clock.



24 Aug. 1818 COMMON COUNCIL MINUTES 765

[86] In Common Council Aug. 24. 1818

Present. The Hon. Cadwallader D. Colden, Mayor, President.

Richard Riker Esqr. Recorder.

Aldermen. Assistants.

Peter Mesier Thomas Bolton

Elisha W. King Samuel Stevens

W. F. Van Amringe John P. Anthony

John Morss John J. Westervelt

George Buckmaster Shivers Parker

Jacob B. Taylor Samuel Akerly

George B. Thorp David Board

Reuben Munson Stephen Allen

His Honor the Mayor presented the Calender of persons con-
fined in the Bridewell or City Prison returned to him by the Keeper
with the following observations thereon Whereupon the subject re-
specting Slaves was referred to the Committee on Laws. The remarks
follow :

" The Mayor has nothing to remark of this Calender further than
that it is gratifying to observe that the charges for high crimes are,
considering the extent of our population, [87] but few, And to recom-
mend to the attention of the Committee of Laws the case of the Slave
whose name is reported in the Calender, that it may be ascertained by
what authority the City Prison is rendered subservient to the authority
of Slave holders."

(signed) Cadwallader D. Colden.

A Petition of Philip Brasher for a Vault in Chamber Street was
read and referred to the Street Commissioner to grant on the usual
terms.

A Petition of George Camerdener for a Stall in Washington
Market or in the Market about to be erected in Grand Street, of
Staats Dawson for Stall No. 30 Fly Market of Isaac Varian and
Henry Spicer for Stalls in the Market about to be erected in Grand
Street of John Glashong for Stall No. 4 in Spring Street Market-
of George Limbert for Stall No. 41 in Washington Market, and of
Thomas Vermilyea for a Butcher's License and a Complaint of the
Inhabitants near Catharine Market of Waggons encumbering the
Streets and Side-walks were read and referred to the Market Com-
mittee.

A Memorial of Benjamin Watson, Register of Dogs, [88] stating
that from the opposition he has met with he is not able to enforce the



766 CITY or NEW YORK 24 Aug. 1818

laws respecting dogs without some aid, was read and referred to the
Police Committee with authority to direct such aid to be afforded him
as they shall judge proper and expedient.

A Petition of Anthony Tieman, stating that he has in his employ in
grinding Paint Colors a number of Dogs, and praying said dogs may
be exempted from the Tax upon dogs, was read and referred to the
Police Committee.

A Remonstrance from Cornelius Vanderbilt and others against
granting the prayer of the petition of Aaron Ogden for accommoda-
tion for his Steam Ferry Boat at Whitehall, was read and referred to
the Ferry Committee.

A presentment of the Grand Jury presented to the Court of Ses-
sions held in the Commencement of this month was presented by his
Honor the Mayor, read and ordered to be filed.

A Proposal to the Common Council, to purchase an elegant Brass
32 pound cannon was read [89] and referred to the Committee of
Defence.

A petition of William Herriman to be continued as a City Weigher
of Abraham Ackerman to be appointed a City Weigher of John
Stuyvesant to be appointed a Measurer of grain and of John Conover
for appointment of Fence and Damage Viewer for the 9 th Ward, were
severally read and referred to the Committee on Applications.

Two remonstrances against raising Roosevelt Street and causing
the water to pass over the surface of the Street instead of passing
thro' a Sewer or Kennel as proposed by a petition preferred to the
Board, was read and referred to the Committee on Streets.

A Petition of J. Waterman was received, stating that he is Lessee
under the Corporation of a Lot situated at the corner of Water and
Roosevelt Streets, that there has been assessed upon said lot toward
the expence of opening Roosevelt Street the sum of $515 sixty eight
cents, and praying to be exempted therefrom which being read was
referred to the Finance Committee.

A Petition for a Well in Willet Street near Stanton [90] Street,
was read and referred to the Alderman and Assistant of the Ward and
Street Commissioner to report an Ordinance therefore.

A Petition from Resolvert Stephens, Assistant Clerk in the Police,
praying on account of the increased duties of his office that his Salary
may be increased, was read and referred to the Police Committee.

A Representation of the Captains of the City Watch of the First
District, stating that the Caps of the Watchmen were in a great meas-
ure worn out and required to be replaced by new ones, was read and



24 Aug. 1818 COMMON COUNCIL MINUTES 767

referred to the Watch Committee with authority to make the neces-
sary provision in the premises, and extending their powers also to the
2 d & 3 d Watch Districts.

A Petition was received from Thomas Morrell. William Vail and
William Hunter, Lessees of Grand Street Ferry, stating that they
wished to commence the necessary fixtures for the landing of their
Horse boat and requesting liberty for that purpose under direction
of the Street Commissioner: stating also that Mr. Gardner's [91] Pier
on the Northeastwardly side was unfinished and created an Eddy
which would be prevented by completing the same, and praying the
same may be ordered to be done which being read was referred to
the Ferry Committee.

A Petition of Niobe Minturn was received, stating that Benjamin
Minturn, William Minturn and John T. Champlin, as Executors of
William Minturn deceased, sold to petitioner Lots of ground on the
South side of Front Street between Roosevelt and Dover Streets ; that
prior to said sale said Executors sold the Lots opposite thereto on the
northerly side of Front Street to divers persons, reserving the Water
right ; that petitioner has recently discovered that upon the petition of
said Executors the Corporation have ordered a grant to be made to
said Executors of the lots so purchased by petitioner, but that no grant
has yet issued ; and praying the grant may be now made to Petitioner
And a similar petition from John Patten respecting lots purchased
by him of said Executors on the South side of Front Street bounded
westerly by the said lots of Niobe Minturn were severally read and
referred to the Committee on Wharves, Piers and Slips and the
Comptroller.

[92] A Petition from Abiathar Rogers, that a suit against him for
not regularly reporting passengers might be discontinued, he having
made a due report of the same, was read and referred to the Com-
mittee on Laws, with authority to grant the prayer of the petitioner.

A Petition was received from Jonathan Carlton, stating that he had
built a house at the corner of Cliff and Fulton Streets and that a Suit
had been commenced against him for said building alleging the same
to be in violation of the law to prevent fires ; and praying a Committee
may be appointed to investigate the same was referred to the Com-
mittee on Laws.

A Petition of Davis Hunt to be relieved from a penalty recovered
against him for exercising the business of a Pawnbroker without a
License was read and laid on the table.



768 CITY OF NEW YORK 24 Aug. 1818

The following persons were appointed Firemen, the Chief Engi-
neer certifying the Vacancies :

"Fire Engine Company No. 11."

Peter Winants Block Maker 53 Broad St. 1 st ward vice John
Price Expelled

[93] " Fire Engine Company No. 13."

Samuel Post Broker 425 Pearl St. 4 th ward vice Nehemiah
Areson, Removed.

Jetur R. Rogers Account 1 58 Catharine St. 4 ward vice William
D. Cunningham Resigned

Richard Ustick Account 1 53 Beekman St. 2 ward vice Richard M.
Bown, Deceased

Valentine G. Hall Account 1 119 Fulton St. 2 ward vice Joseph
Curtis, Resigned

' Fire Engine Company No. 25."

John Seaman Storekeeper 271 Broadway 6 ward vice John L.
Gale, removed

"Fire Engine Company No. 41."

James Sands Grocer Delancy c. Willet St. 10 ward vice Robert
Stockton Resigned

The Street Commissioner presented a Return of Delinquents on the
Assessments for a Bulkhead at Rutgers Slip, and a Warrant was
directed to issue to the Collector for collecting the same.

He also presented the following Ordinances which were passed
-Viz for a Well and Pump in Mott Street near Chatham Square,
and Abraham Bloodgood, [94] John Targee and Jacob C. Mott were
appointed Assessors : for a Well and Pump in M c Dougal Street near
King Street, and John Targee, Abraham Bloodgood and Jacob C.
Mott w r ere appointed Assessors : for regulating and repairing Frank-
fort Street from Pearl Street to between Vandewater and Gold
Streets, and Abraham Baudouine, John Brower and Jacob C. Mott
were appointed Assessors ; and for making a road thro' the 9 th Avenue
from Greenwich Lane to the North side of 28 th Street, and for making
a Turnpike road thro' 28 th Street from the 9 th Avenue to the Hudson
River, and Thomas C. Taylor, Henry Post and Jacob C. Mott were ap-
pointed Assessors.

He also presented an Assessment for a Well and Pump in Cannon
Street near Grand Street, and for one in Mill Street which were con-
firmed and Noah Jarvis appointed Collector in each.



24 Aug. 1818 COMMON COUNCIL MINUTES 769

The Street Commissioner, on building a pier at Oliver Street, re-
ported as follows :

' The Street Commissioner, in conformity with his instructions has
received Estimates for building a pier at the foot of Oliver Street
agreeably to the plan herewith, amounting to [95] Thirteen thousand
nine hundred and forty one dollars But several of the proprietors
are unwilling to join in carrying out the pier so far; as about 60 feet
will be beyond the line of the piers below and be much exposed to the
current and ice. They are willing to unite with the Corporation in
building one of three blocks and three bridges, making 190 feet, which
will be on a line with those at New Slip and which can be executed for
$7,000. The Street Commissioner is of opinion that such a pier will
afford all the accommodation that is at present required therefore
respectfully submits the above for the consideration of the Board."

(signed) Jno. M c Comb St. Com r
which Report was approved.

The City Inspector presented Ordinances for correction of sundry
Nuisances which were passed : Viz

1. Daniel Boyd Own. Columbia St. Lot

2. Ebenezer Clark do. Grand St. do

3 Robt. M. Livingston do. Chapel St. do

4 Thomas Farmer do. Wooster St. do

5 John M'Intosh do. ) lm St do
S. N. Bayard Agt.J

6. Dav d Hutchins Own. & Occ. 23 Orange St. do

[96] Francis H. Nicoll Own. 83 Cross St. Lot.

Barnes Hatfield Own. Broome St. do

9. Elijah P. Delaplaine do do do

10 Timothy Chichester do Water St. do

11 Edward Price do. 1

Stephen Price Agt. U26 Water St.

Joseph Kerr Occ.J

12 A. L. Stewart Own. Provost St.
13. John Ludlam do. do.

14 Robt. M. Livingston do do. do

15 Richd. S. Kissam do. do. do

16 Ann White do 1

Jas. Thompson Agt. \ 83 Nassau St

Jac. Thomas Occ. J



770 CITY OF NEW YORK 24 Aug. 1818

17 Ezra Ludlow Les. 1

Henry Megary J. Best - 20 Wall St. Lot.

G. De Grace Les. & Occ.J

18 Mrs. Lilburn Own.'

- 19 Rose St. do

Alex r Lott Occ.J

19 C. Rush & }. Dias Les. ) Ci

> 66 \\ arren St. do

Jas. Casey Occ.^

20 P. Serren Les. H. Davis Occ. 68 do do

21 E. Price Own. J. Kerr Occ. 126 Water St. do

22 D. W. Kissam Jr. Own.) ,

do do

G. Aster Occ. \

(Signed) Geo. Cuming C. Insp.

[97] The Counsel, on the resolution respecting arrears of military
taxes due from the Quakers, reported :

: That he has given the subject his consideration and is of opinion
that there is no legal mode by which the payment of those fines or
taxes in arrear can be enforced. The Act to organize the Militia of
this state provides that the Supervisors shall at their first meeting after
they receive the list of the Quakers who may refuse to pay military
duty issue warrants to the Collectors of the Wards for levying, within
60 days from the time the warrant is delivered to them, the sum of
Four dollars of the goods and chattels of each of the persons named
in the said list. This is the only remedy which the law has provided
for the collection of these fines, and as the period within which the
Collectors are required to levy the same has long since elapsed, it
follows that they cannot now be collected. The act for the more ef-
fectual collection of taxes and Assessments in the City of New York
passed 12 th April 1816 is confined to such taxes in arrear as are laid on
lands and tenements, and does not extend to personal taxes. The
question whether a suit can be maintained for a personal Tax has
never been decided by the Supreme Court of this State. It was once
brought before them upon a Certiorari from [98j a Justice's Court,
when it was decided that the proceedings had been irregular, and that
the judgment could not be sustained in that case, if it could in any
for the recovery of a personal Tax. As these penalties were imposed
by a statute which has pointed out the manner in which they are to
be enforced, the Counsel is of opinion that no other mode of com-
pelling the Delinquents to pay them can be resorted to."

(signed) Ogden Edwards.



24 Aug. 1818 COMMON COUNCIL MINUTES 771

which was directed to be filed and the Clerk was directed to give notice
to the Collectors not to proceed in the collection of said Arrears.

He also presented deeds from the Corporation to George Bruce

of Lot No. 6 in Augustus Street and of Lot No. 7 in Chamber Street

-Also a Deed to John and Jacob Shrady of Lots numbered 41, 47.

and X. in the Map of Hardenbrook's Farm which Deeds were

directed to be duly executed.

He also reported that the Report of the Commissioners of Esti-
mate and Assessment for extending Anthony Street had been confirmed
bv the Supreme Court whereupon Morris De Camp was [99] ap-
pointed Collector to collect the Assessment.

He also upon the account of the Jurors for valuing property taken
for public purposes referred to him at the last meeting of the Board
reported that the account does not exceed what has been heretofore
taxed and what has been usual to allow them for the like services
which was approved and a Warrant directed to be reported therefor.
The account as stated was for 5 days service each juror, being 60 days
One hundred and eighty dollars.

The Road Committee on the application of Jacob Hyatt for per-
mission to build a Bulkhead and wharf adjoining Spuyten Duyvel
Creek near Kings' bridge reported that the prayer of the petitioner
ought to be granted : which was approved and a grant directed to be
prepared agreeably thereto.

The Finance Committee, on the subject of Alien passengers, re-
ported. " That on the 23 d of December last a resolution was adopted,
authorising his Honor the Mayor to leave it at the option of the Cap-
tain or Consignee of Vessels arriving at this port with Alien passengers
either to bond in the usual way or pay the sum of Five dollars for each
Alien [100] passenger in lieu of Bonds: that comparatively a very
small number of the Aliens who have arrived since the above date have
accepted of the option to commute, owing, as the Committee are in-
formed, to the disproportion between the sum demanded and the risk
to be taken by the persons executing the Bonds.

" The Committee are of opinion that the interest of the Corpora-
tion will be promoted by a reduction of the sum to be paid in lieu
of Bonds, and therefore, for the purpose of bringing the subject
before the Board respectfully propose the following Resolution:

' Resolved that his Honor the Mayor be, and he is hereby au-
thorised to receive from the Captain or Consignee of vessels arriving
with Alien passengers Three dollars for each Alien so arriving, in lieu
of Bonds ; and that so much of a Resolution passed the 23 d of De-



772 CITY or NEW YORK 24 Aug. 1818

cember 1817 as fixes the sum to be received at Five dollars be and the

same is rescinded."

(signed) Stephen Allen

Reuben Munson
W. F. Van Amringe
Samuel Akerly
Peter Mesier

Approved and the Resolution proposed adopted.

[101] The Finance Committee, on petition of Melatiah Nash, re-
ported: " That the amount due from Mr. Nash is One hundred and
sixty seven dollars forty seven cents, and ought to have been paid on
the 1 st day of December 1817: that this money has been advanced to
the Contractor by the Corporation long since, and that Mr. Nash has
already received an indulgence of more than nine months for the pay-
ment of the same, which in the opinion of the Committee ought not to
be extended They therefore recommend the following resolution :

" Resolved that the proper Officer be instructed to enforce the
payment of the Assessment due from Melatiah Nash for paving Broad-
way."

(signed) Stephen Allen

Reuben Munson
W. F. Van Amringe
Peter Mesier
which was Approved.

The Finance Committee, on the petition of Mary Crooker and
Mary Moncrief, reported: "That the petitioners are old Inhabitants
of this City and possess little or no property except the part of the
lot left them after widening said Street : that the advance asked for
is for the purpose of repairing their dwelling injured by removing
[102] it from the Street agreeably to the order of this Board. The
Committee feel a disposition to accommodate the petitioners, especially
when it can be done with so little inconvenience to the Corporation,
and they therefore recommend the following Resolution :

" Resolved that the Comptroller be instructed to prepare a Warrant
in favor of Mary Crooker and Mary Moncrief for two hundred dol-
lars, as part of the sum awarded them for damage in widening Roose-
velt Street." (signed) Whole Comm. Which was approved, and the
Comptroller directed to report a Warrant for Two hundred dollars
agreeably thereto.

The Finance Committee, on the petition of Patrick Redmond, re-



24 Aug. 1818 COMMON COUNCIL MINUTES 773



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