USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 25
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John A. Nichols .... David W. Judd
April 28, 1550
McQuade. Oakley.
William A. Cobb ......
Aprit 11, 1865
April 28, 1380
Reappointed.
Joseph P. Allaben ...
April is, 1867
Cobb.
James McQuade. . ...
Mar. 10, 1575
Geo. W. Patterson ...
Jan. 19. 1:59
HEALTH OFFICER OF THE PORT OF NEW YORK.
An act of the Legislature, passed in 1784, authorized the Governor to appoint a physician with prescribed powers, having for their pur- pose the enforcement of certain quarantine regulations specified in the act. Such officer has come to be known as " Health Officer of the Port of New York." The original statute authorizing the appoint- ment has in effect continued in force to the present time. In the year 1801 an act was passed constituting the Health Officer the physician of the Marine Hospital, and the Health Commissioners a Board of Health for the city of New York. The Health Officer of the port continues to be, ex officio, a member of that board. In other respects the composition of the board is entirely changed. April 29, 1863, an act was passed by the Legislature defining the qualifications, duties and powers of the Health Officer for the harbor and port of New York, which provided that such officer shall be nominated by the Governor and appointed by him with the consent of the Senate, and shall hold his office for the term of two years and until his sueces- sor shall have qualified. No person is eligible for appointment ex- cept a doctor of medicine, of good standing, and of at least ten years' experience in the practice of his profession, who is required to be practically familiar with the diseases subject by the act, to quarantine. The only diseases against which quarantine shall ap- ply are defined as yellow fever, cholera, typhus or ship-fever and
1 Resigned. 2 Reappointed January 12, 1871.
216
HEALTH OFFICER OF THE PORT.
small-pox, and any new disease not then known, being of a contagious, infections, or pestilential nature. The Governor has no power to appoint a Health Officer during the recess of the Senate, except in case of a vacancy by death or resignation.
The Health Officer is required to reside at such convenient place for the boarding of vessels as the Commissioners of Quarantine may determine, and has the general superintendence and control of the quarantine establishment, and the care and treatment of the sick. He is authorized to select, appoint and dismiss at pleasure, two assist- ant or deputy Health Officers, for whose conduct he is responsible ; such deputies may perform, subject to his directions all of the duties required of the Health Officer. He also appoints and dismisses at pleasure, nurses, boatmen and other employees, and in conjunction with the Quarantine Commissioners, licenses lightermen, stevedores, laborers and other employees.
The Health Officer or his deputies board and examine all vessels subject to quarantine as soon after arrival as practicable, between the hours of sunrise and sunset. The powers conferred upon the Health Officer are of an autocratic character, though persons ag- grieved by any decision or direction of his may appeal therefrom to the Commissioners of Quarantine, who constitute a board of appeal ; the said board has power to affirm, reverse or modify the decision, order or direction appealed from, and the decision of the board thereon is final. He is required to present to the Commissioners of Quarantine, annually, on or before the first day of February, a re- port of the general condition of the quarantine establishment, with the statistics of the institution in detail, and such other information and suggestions in regard to the same as he may deem advisable ; he is also directed to furnish to the Board of Health of the cities of New York and Brooklyn, and to the Commissioners of Quarantine, whenever required by them to do so, an official return of the num- bers and diseases of the patients in the floating hospital. He receives fees fixed by law for his services, out of which he is required to pay all the salaries and wages of the deputy Health Officers, and such bargemen, nurses and stewards and other employees as may be nec- essary for the performance of the duties imposed upon him, and for the carrying on of the quarantine establishment, except the sala- ries of the Commissioners of Quarantine. He is further required to pay the current expenses of running a steamboat for the trans- portation of persons to and from the establishment, and for visita- tions and for burying the dead.
217
PORT WARDENS.
Any person who shall obstruct the Health Officer or his deputies in performing the duties required of them by law, or shall go on board of, or have any conununication, intercourse or dealing with, any ves- sel under quarantine, or with any of her crew or passengers, without his permission ; or who shall, without such permission, invade any portion of the quarantine establishment, shall be guilty of a misde meanor, punishable by a fine or imprisonment, or both. Exclusive jurisdiction of offenses against quarantine regulations is given to the Courts of General and Special Sessions of the peace of the city of New York, and General Sessions of the county of Kings ; and it is made the duty of the District Attorney's of the city and comty of New York and county of Kings, respectively, to prosecute all per- sons guilty of such offenses, in preference to any indictment then in their offices, and either of said courts are required to hear and try the offenses against the quarantine act, in preference to all other cases pending before them ; and whenever any person shall be convicted on trial for such offense, the court is required to forthwith proceed to pronounce judgment upon him according to the terms prescribed in the quarantine act.
HEALTH OFFICERS OF THE PORT.
HEALTH OFFICER.
APPOINTED.
HEALTH OFFICER.
APPOINTED.
John R. B. Rodgers
October
5. 1803
A. Sidney Doane.
April
4, 1830
Benjamin De Witt ..
March
6. 1815
Richard L. Morris
Aprli
10, 1852
Joseph Bavtey .
February 4, 1820)
Henry E. Bartlett. ..
April 21, 1-54
John T. Harrison
April 21. 1523
Richard H. Thompson
April
21.1855
John S. WesterVelt
February 25, 1-29
Alexander N. Gun
April 6, 1:39
William Rockwell.
February ID, !636
John Swinburne.
March
19. 1-64
A Sidney Hoane ...
February 11. 1410
John M. Carnochan.
January
27,1570
Henry Van Hovenburgh
February 6, 1813
Sammel Oakley Vanderpoel.
February
24, 1572
Alexander B. Whiting.
January 23, 1818
Wilham M. Smith.
March
21. 1880
PORT WARDENS.
An act of the Legislature (chapter 31) passed April 14, 1784, au- thorized the Governor, by and with the advice and consent of the Council of Appointment, to appoint as often, and from time to time, as to such Council should seem necessary, one fit and proper per- son to be Master, and three or more fit and proper persons to be Wardens of the port of New York, to be known as the " Master and Wardens of the Port of New York." . The same act provided for the appointment of branch pilots for that port, who were subject to examination by the Master and Wardens, and received their certificate of qualifications from them. The Master and Wardens were author- ized, by and with the consent and approbation of the Governor, to make and establish such prudential regulations and orders for the government of pilots as they might judge to be useful and necessary,
218
PORT WARDENS.
and they were prohibited from being directly or indirectly concerned in any pilot boat.
The Master and Wardens were by the same act appointed survey- ors for the surveying of damaged goods brought into the port of New York in. ships or vessels, and with the assistance of one or more skillful carpenters they were authorized to act as surveyors of any vessel deemed or thought unfit to proceed to sea. They were required to give certificates under their hands and seals, as to how the goods or vessels surveyed appeared to them, and a record thereof was to be kept in their office in the city of New York. The same aet exempted them from jury duty and allowed them com- pensation at the rate of twenty shillings per day. An act passed April 9, 1811 (chapter 198) required pilots to report to the Mas- ter and Wardens within twenty-four hours, the arrival of vessels piloted by them, and the same act directed that damaged goods ar- riving by vessel, when necessary to be sold, should be so sold under the inspection of the Master and Wardens; the fees which they should receive for services rendered, which were fixed by the act, were required to be divided equally among the Master and Wardens, except that the Master was entitled to receive $250, annually, more than the Wardens. Chapter 18 of the Laws of 1819 passed February 19, increased the number of the Board to one Mas- ter and five Wardens, and provided that all fees received should be equally divided between the Master, Wardens and clerk. An act passed March 30, 1831 (chapter 93), increased the number of Wardens to six, and provided for the appointment of two special Wardens, who were required to reside at the quarantine grounds, in the county of Richmond, and were charged with the duty of acting as Wardens only in regard to vessels and goods subject to quarantine at that place. They were authorized to receive the same fees as allowed to wardens of the port for similar services. The duties previously de- volved upon the Master and Wardens in reference to pilots and pilotage at the port of New York, by an act of the Legislature, passed June 28, 1853 (chapter 467), were conferred upon "The Board of Commissioners of Pilots" in the city of New York, estab- lished by the act.
Chapter 405 of the Laws of 1857, passed April 14, entitled " An aet to reorganize the Warden's office of the port of New York," authorized the Governor by and with the advice and consent of the Senate to appoint nine persons who should constitute " The Port Wardens of the Port of New York." One of the persons appointed was to be a resident of the city of Brooklyn, and three were required
PORT WARDENS. 219
to be nautical men. Of those first appointed, the term of office of three was to expire in three years, three in two years, and the remaining three in one year ; thereafter appointments were to be made for the term of three years. Members of the board are subject to re- moval by the Governor for misconduct or neglect of duty. The board was anthorized to appoint a Secretary, whose compensation is paid out of the receipts of the office. A majority of the Wardens are required to give attendance at their office in the city of New York daily.
Port Wardens are charged with the duty of boarding vessels for the purpose of examining the condition and stowage of cargo, and in case there be goods damaged on board. they examine to ascertain the cause of the damage. The board are constituted exclusive sur- veyors of vessels which may have suffered wreck or damage, or which shall be deemed unfit to proceed to sea. The Wardens specify the amount of damage which has occurred, and they are the judges of the repairs necessary to render such vessels again seaworthy, or of the safety of the vessel and cargo on the intended voyage; they also have exclusive cognizance of all matters relating to the surveys of vessels and their cargoes arriving at the port of New York in distress, or damaged in that port, and are the judges of the fitness of the cargo to be reshipped to its port of destination, or whether it shall be sold for the benefit of whom it may concern. If called upon so to do, the Wardens are required to estimate the value or measurement of vessels when the same is in dispute or libeled ; when requested to, it is their duty to examine merchandise, vessels' materials or other property said to have been damaged on board of any vessel, and ascertain the cause of damage, the examination to be made at the place where the same may be located; in warehouses, stores, or dwellings or in the public streets.
The act of 1857 fixed the fees Wardens were authorized to re- ceive for services rendered by them, which when collected were directed to be divided equally among the nine Wardens compris- ing the board. The same act authorized the Governor, by and with the advice and consent of the Senate, to appoint two special Wardens to act only in regard to vessels and goods that are actually under and subject to quarantine detention, the term of office of the special Wardens was fixed at three years, and they were required to make returns in detail to the Warden's office in the city of New York, within forty-eight hours, of all surveys made by them and of all other duties by them performed. The fees received were directed to be divided equally between the two special Wardens. A subsequent act,
-
220
PORT WARDENS.
chapter 543 of the Laws of 1867, authorized the Governor, with the advice and consent of the Senate, to appoint but one special Port 'Warden, and limited the term of office to two years, and further re- quired that he should report his proceedings within twenty-four hours, to the office of Wardens.
The Board of Port Wardens are required to keep a full and accurate account of all their receipts and expenditures, and transmit a verified copy of the same to the Comptroller on the first Monday of January in each year, and each Warden is required to append to such account an affidavit, that he has not taken or received any money or goods as presents, either directly or indirectly, for services as Warden, except the legal fees to which he is entitled. The Board have a com- mon seal, and they are each authorized to administer oaths. The office of the board is one of record and copies of papers and records therein, authenticated by seal are required to be received in evidence by the courts of the State.
PORT WARDENS.
WARDENS.
APPOINTED.
IN WHOSE PLACE.
WARDENS.
APPOINTED.
IN WHOSE PLACE.
Jonathan Laurence
April 18, 1800
William Newcomb.
April 30, 1813
Thomas Farmer ....
Jan. 19, 1803
Sammel S. Wandell ....
Jan. 24, 1814
Elias Nexsen ..
Jan. 19, 1803
Alexander B. Clark . John Baker.
dan. 13, 1:46
Archibald Kerly
Feb. 21, 1807
William W. Story .
Jan. 25, 1818
Sylves'r L Hommedieu
Mch. 13, 1809
Benjamin Harwood .
.an. 28, 1518
Beml. M. Mumford ....
Mel. 5, 1810
Elbert Latham Feb. 11, 1:18
Feb. 11, 1848
'T'Ittle. Clark.
Nicholas G. Rutgers ... Uriah O. Champlain ... John Rook ...
Mch. 5, 1810
Jacob Fach
Feb. 29, 1818 Feb. 29. 1818 Feb. 27, 1819 June 22, 1-19
Nellson. Baker.
lames Farquhar. ...
Mch. 5, 1810
Vincent Tilyou .
Latham.
Corne's Schermerhorn. Gerard Steddiford
Feb. 19, 1811
Gilbert Dayton.
Aug. 21, 1819 Mch. 12, 1850 Mch. 28, 1850
Tilvon. Harwood,
lohn Bingg
Feb. 19, 1811
William B. Orne.
Crane. Lock man.
George Harsh ..
Feb. 19, 1811
Richard Taxter*
Fash.
Henry Waddell ..
Mch. 31, 1815
Thomas @. Bunker
Fjeld.
lohn De Poyster
Mch. 31, 1815
John Butler, Ar ...
Bunce.
Sammel Burling.
Mch. 31, 1815
John E. Gillespie.
Merry.
Feb. 26, 1816
A. C. Burgess
Feb. 26, 1816
Francis A. Martin
Feb. 26, 1816
Thomas Il. Fisher
Jasper Ward
Feb. 26, 1816 July 8, 1816 July 8, 1816
Edmund B. Scaman .. Michael Williams*
Samuel C. Reid.
I-and Burr, Jr
Feb. 26, 1519
3 years.'
Thomas Carpenter
3 years.
Obed Sunth
3 years.
Jacob Ilatf
Howard Tibbetts.
2 years.
Gabriel Haveus
Elgar MeMinllen
John Webb.
Renben Hope ..
Charles 11. Barnard Jolm White
Smith.
1 year.
William McIntyre
James Gillender
Coffin. While. Melntyre. Ingersoll.
Jolm F. Raymond* Bent. Hutchinson ..
Martin Thatcher
Feb. 8. 1$60 Feb.
George F. Barnard.
Feb. 29, 1560 April 3, 1861 April 10, 1861
John Bulkley ..
Mch. 22, 1>65
Richard II. Tittle
Feb. 8, 1813
April 6, 145
Harry Parsons
Feb. 8, 1813
Joseph F. Ellery.
April 5, 1865
Anthony Motlatt William C. Neilson.
Feb. 8, 1813
John C. Ferguson Robert G. Waters *
April 5, 1865
Armstrong.
Feb. 20, 1843
Hope. Webb. Gillender. Rositer. Barnard. Merry. Bulkley. Dayton.
McMullen. Raymond. ciale. Pock. Bramhall. Hutchinson Lomsbury.
Thomas Il. Merry
Mch. 27, 1819 Mch. 27, 1819 May 31, 1820 Mch. 6, 1821 Sop. 20, 1823 April 20, 1825 April 3, 1829 Mch. 18, 1831 April 30, 1833 April 30, 1833 June 20, 1833 Jan. 30, 1839 Mch. 13, 1839 April 30, 1839 Feb. 4, 1810 Feb. 21, 1810 Feb. 25, 1840 Feb. 28, 1810 Feb. 8, 1813
Willlam 11. Burleigh .. lared N. Peck ...
Intler.
Samuel Dayton.
.lammes Lovett ...
April 16, 1557 May 13, 1557 April 13, 1:59 April 13, 1850 April 13, 1839 May 7, 1859
Williams. Smith. Tompkins. King.
Reuben Brumley
E Iward Rositer
Lovett. Barnard.
Samuel P. Russell .. Lowi Lounsbury ..... lohn E. Armstrong". Minthorne Tompkins Charles R. Barstow Benjamin W. Wilson ..
.Inly 12, 1833 Feb. 22, 1851 July 12, 1855 April 9, 1856 April 15, 1857 April 15, 1857 April 16, 1857 April 16, 1857 April 16, 1837 Ap:11 16. 18:7 April 16 .; 1:57 April 16, 1-57 April 16, 1557 April 16, 1837
Orne. Banker. Burgess. Story.
George G. Cottin
James 11. Restarek *... Minthorno Tompkhis William G. King MAmund B. Seaman ... lohn Butler, Jr.
2 years.
Josiah Ingersoll ...
Joseph Tinkham . Charles H1. Bramhall. S. Alphens Smilth
William A. Ellis
'l'inkhan. Tibbetts.
Wilham Hoogland
Mch. 6, 1815
William Lyons .
Mch. 6, 1851 Sup. 1, 185] April 13, 1852 April 13, 1852 April 13, 1852 Ang. 4, 1552
Mch. 5, 1810
Joseph Lockman*
Solomon Townsend . Robert Fox
Feb. 19, 1811 Feb. 19, 1811
John R. Crane
Thomas H. Merry .
.lan. 13, 1516
Brumley. Parsons. Wandellf Newcomb.
.lotin Gelston.
Jan. 19, 1803
Track. Moffatt.
Mch. 5, 1810
David Bunce
Mch. 5, 1:10
John Fiehl.
Charles W. Wooster Sammel Wigton
Oliver Drako
2 years. 1 year. 1 year.
William Tyack
April 5, 1465
* Special Wardens.
.
221
PORT WARDENS.
WARDENS.
APPOINTED.
WHOSE PLACE.
WAARDENS.
APPOINTED.
WHOSE PLACE.
George Marsac*
April 5, 1565
lohnes.
Sammel Leggett
Mch. 30, 1-71
Macontar.
James O'Rourke*
May 17. 1-17
William H, Leycraft ..
Mch. 30. 1;3
Brewer.
Alonzo 11. Gate. ..
June 30. 1-6%
Barstow.
Theo. F. C. Petrarsch
Mrh. 30, 1-73
Lockman.
Martin B. Brown
July 11. Is
Ferguson.
John Sherry ..
Mch. 30, 1873
Richards.
Hezekiahb. Robertson
July 22. Las
'Thatcher.
Henry Waterman
Mch. 30, 1873
Biish.
Moves H. Rac bards .....
Mch. 30, 1550
Gale.
Henry L. Robinson ...
Mch. 30, 1573
Burikk.
Abram O Willsca ....
Mch. 30, 1870
Brown.
George C. Burdeit
May 11. 1-73
Jolm &. Blish .
Mich. 30, 1:20
Burleigh.
William W. Gordon ...
Antly 10. 1.76
Brown.
Abrabam L. Brewer
Mch. 30, Isja
Russell.
Clarence W. Mead
Jan. 15, 1 ~~ 0
Cordon.
Henry 8. Burdick.
Mch. 30. 1520
Wilson.
John Waters, Ji*
Feb. 10. 1\N
Colville.
Alexander D. Rutton
Mch. 30, 1570
'Tompkins.
Franklin G. Comstock
Meli. 31, 1541
Dumont.
William Seebach
Mehr. 30, 1570
EHerv.
lohn S. Kelder ...
April 22. 1- 0
l'trarsch.
Edward L. Carey
Mch. 30, 1570
William G. Wad .
April 22, 1550
Sherry.
Charles S. Macomber
Mch. 30, 15,0
Robert-on.
William G. Welch ...
April 22. 150
Rurdett.
Loni- Lockmau ..
June 16, 1-70
Seebach.
Isaac W. El-all ...
May 21, 1:0
John E. Colville*
Feb. 10, 1-73
O'Rourke.
Moses Summer -.
..
May 21, 15-0
Robin-on.
Robert S. Damont
Mch. 30. 1 73
Willar ..
May 21, 1:51
Waterman.
Horadio S. Brown
Mch. 30. 1:73
Button.
Maward Toohill
Fununers 1
Henry M. Janes ...
Mch. 30, 1573
Carey.
Hiram Calkins ...
May 13, 1555
Ehing. 1
HARBOR MASTERS.
By an act of the Legislature, passed April 1, 1796 (chap. 41), the Governor was required and directed by and with the advice and con- sent of the Council of Appointment, to appoint four proper persons to be Harbor Masters of the Port of New York, who should have anthor- ity to regulate and station all shipsand vessels in the stream of the East and North rivers within the limits of the city of New York, and at the wharves thereof, and to remove from time to time, ships or vessels not employed in receiving or discharging their cargoes, to make room for such others as might require to be more immedi- ately accommodated for the purpose of receiving or discharging theirs, of which the Harbor Masters were constituted sole judges. Persons having charge of vessels were subjected to heavy fines for refusal or neglect to obey their directions; the fines when collected were paid to the treasurer of the society of the hospital in the city of New York, for the use of that corporation. The Harbor Masters Were further required to superintend and enforce the exeention of all laws of the State, and all by-laws and rules and regulations of the city of New York, for cleansing the docks and wharves, and for preventing and removing nuisances in or upon them.
Pilots of the Port of New York were required to register in the office of the Harbor Masters the name, size and dimensions of cach and every pilot boat used by them ; they were also required to report the time of going out and returning into the harbor with their boats, and also to report all ships and vessels inward and outward bound seen by them at sea, or at anchor within or without Sandy Hook. Harbor Masters were authorized to order pilots to go out upon duty when in their judgment the safety of navigation of the port should render the
1 Decease1.
* Specla! warder.s.
222
HARBOR MASTERS.
going out of such pilot boats necessary. The same act gave them power to appoint and remove a deputy or deputies at will. Their compensation was provided for by fees collected from ships and vessels entering the Port of New York. An act passed, Feb- ruary 19, 1819, provided for the appointment of but two Harbor Masters; and the fees collected were required to be divided equally between them, and the right to appoint a deputy or deputies was restricted to the event of sickness or death of one of the Harbor Masters. In 1827 (chap. 133), the number of Harbor Masters was fixed at three and increased to four by an act passed, May 14, 1840 (chap. 313). In the same year Harbor Masters of the Port of New York were prohibited from performing the duties of their office on the shore of the city of Brooklyn or village of Williamsburgh. An act passed, January 15, 1848 (chap. 2), increased the number of Harbor Masters to seven, one of whom was required to reside in the city of Brooklyn, and discharge his duties at the wharves, piers and slips adjacent or belonging thereto. In 1850 (chap. 72), the mumber was increased to eleven ; two of whom were required to reside in Brooklyn. Of those appointed, at least five were required to have been Masters of vessels sailing from the Port of New York, or pilots who had been engaged in piloting vessels in and from said port, or seamen that had been engaged in navigating the waters of the Harbor of New York. Their term of office was fixed by the act, at two years, or until others were appointed in their places.
They have no jurisdiction over vessels lying at or within any of the wharves, docks or slips belonging to the city of New York. An act passed, June 28, 1853 (chap. 467), devolved all duties con- nected with pilots and pilotage upon " The Board of Commissioners of Pilots," created by the act, who were also charged with the duty of requiring owners or lessees of piers and bulk-heads of New York city and Brooklyn, to keep the same clean and in good repair.
Chapter 436 of the Laws of 1860, passed April 16, continued the number of Harbor Masters at eleven, and provided for the appoint- ment by the Governor, with the advice and consent of the Senate, of an officer to be called "Captain of the Port of New York," and the Harbor Masters were required to assist him in the performance of his duties, which were practically the same as were previously exercised by them. The act required that the fees received should be divided between the Captain of the Port and the Harbor Masters. An act passed May 22, 1862, prohibited either the Captain of the Port or the Harbor Masters, from being interested as owners or agents in any
223
HARBOR MASTERS.
steam tow-boat, ship, vessel, canal-boat, barge, or lighter, navigating the Port of New York.
An act of the Legislature, passed May 4, 1883 (chap. 357), author- ized the Governor, with the advice and consent of the Senate, to appoint one Captain of the Port and eleven Harbor Masters, the former to hold office for three years, the latter for two years or until others are appointed. The same act provided that all fines and penal- ties collected shall be applied to the use of the New York Hospital, and abolished fees, tonnage duties and taxes. In lieu of fees, the com- pensation of the Captain of the Port was fixed at $3,500 per annun, and that of Harbor Masters at $2,500, with an allowance not to ex- ceed 8200 per month, for office expenses. The repeal of chapter 487 of the Laws of 1862, abolished the offices of Captain of the Port and Harbor Masters acting at the date of the passage of the act of 1883, and the respective offices have been vacant since May 4 of that year.
HARBOR MASTERS.
HARBOR MASTERS.
APPOINTED.
WHOSE PLACE.
HARBOR MASTERS.
APPOINTED.
WHOSE PLACE.
Christopher Miller
April 5, 1790
Robert Murray
Aprit 13, 1853
Stagg.
Isaac Kibbe ..
Feb. 18, 1807
William Masten
Feb. 8, 1860
Collin.
Gabriel Havens.
Mar. 1, 1808
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