History of the city of New York, from its earliest settlement to the present time, Part 47

Author: Booth, Mary Louise, 1831-1889
Publication date: 1859
Publisher: New York, W. R. C. Clark & Meeker
Number of Pages: 866


USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 47


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1. Wherefore know ye, That we of our especial grace, certain knowledge, mere motion, have willed, ordained, constituted, confirmed, given and g anted, and by these presents for us, our heiss, and successors do will, ordain, constitute, confirm, give and grant, that our said city of New York be, and from henceforth forever hereafter shall be and remain a free city of itself; and that the mayor, aldermen and commonalty, of the said city, and their successors from henceforth forever hereafter shall be and remain one body corporate and politic, in re-facto and nomine, by the name of the mayor, aldermen and commonully of the city of New York, and them and their successors by the name of the mayor, aldermen and commonalty of the city of New York, one body corporate, in re-facto und nomine, really and fully, we do for us, our heirs and successors, erect, make, ordain, con- stitute, confirm, declare and create, by these presents, and that by that name they shall and may have perpetual succession ; and also, that they and their successors, by the said name of the mayor, alder- men and commonalty of the city of New York be, and forever hereafter shall be, persons able in law, and capable to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places before us, our heirs and successors, and before all and any the judges, justices, officers and ministers of us, our heirs and successors, and elsewhere in all and all manner of actions, suits, complaints, pleas, causes, matters and demands, whatsoever, and of what kind or nature soever, in as full and ample manner and form as any of our other liege subjects of our said province, being persons able and capable in law, can or may sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, by any lawful ways and means whatsoever. And also, That they and their successors, by the name of the mayor, aldermen and commonally of the city of New York, be and shall be forever hereafter, persons capable and able in law to purchase, take, hold, receive, enjoy and have any messuages, houses, buildings, lands, tenements, rents, possessions and other hereditaments and real estate, within or without our said province, in fee, and forever, or for time of life or lives or years, or in any other manner ; and also goods, chattels, and all other things of what kind or quality soever. And also, That they and their successors by the same name of the mayor, aldermen and commonally of the city of New York, shall and may give, grant, demise, assign and sell, or other wise dispose of all or any the messuages, houses, buildings, lands, tenements, rents, possessions and other heredita- ments and real estate and all their goods, chattels and other things aforesaid as to them shall seem meet, at their own will and pleasure.


And also, That the said mayor, aldermen and commonalty of the city of New York, for the time being, and their successors shall and may forever hereafter, have and use a common seal for sealing all and singular deeds, grants, conveyances, contracts, bonds, articles of agreements, assignments, powers, authorities, and all and singular their affairs and things touching or concerning the said corporation. And by virtue of these our letters, it shall and may be lawful to and for the said


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mayor, aldermen and commonalty of the city of New York and their successors, as they shall see cause, to break, change and new make the same, or any other common seal, when, and as often as to them it shall seem convenient.


2. And we do further, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors, give, grant, order and appoint that the said city of New York, and the compass, precincts, circuits, bounds, liberties and jurisdictions of the same do reach, extend and stretch forth, and shall and may reach, extend stretch forth, as well in length as in breadth and circuit, in and through the limits and boundaries following, to wit: To begin at the river, creek or run of water called Spyt den Duyvel, over which King's bridge is built, where the said river or creek empties itself into the North River, on Westchester side thereof, at low-water mark, and so to run along the said river, creek or run, on Westchester side, at low-water mark, unto the East River or Sound, and from thence to cross over to Nassau Island, to low-water mark there, including Great Barn Island, Little Barn Island and Manning's Island, and from thence all along Nassau Island shore, at low- water mark, unto the south side of Red Hook ; and f. om thence to run a line across the North River, so as to include Nutten Island, Bedlow's Island, Bucking Island, and the Oyster Island, to low- water mark on the west side of the North River, or so far as the limits of our said province extended there, and so to run up along the west side of the said river at low-water mark, or along the limits of our said province, until it comes directly opposite to the first mentioned river or creek, and thence to the place where the said 'boundaries first began. And also, that the said city, within the limits and jurisdictions thereof as aforesaid, be and forever hereafter shall be and remain divided into seven wards, to wit .: the West ward, the South ward, the Dock ward, the East ward, the North ward, Montgomerie ward, and the Out ward; each and every of which wards shall contain and com- prehend, and reach and extend through the several limits and bounds following, to wit :


The West ward to begin at the middle of the east end of the street that goes from the parade to the North River, between the lot of ground now in fence, belonging to Charles Sleigh, and the house and ground late of Thomas Elde ; and from thence to run a direct line over the middle of the west end of Beaver street, and so along to the middle of Beaver street, fill it comes directly opposite to the middle of the south end of New street, and to run along the middle of New street to the north end thereof; and from thence to run to the rear of the dwelling-house now in the possession of Domine Du Bois, and f. om thence to run all along the rear of the houses that front the Broadway up to the north part of the rear of Spring Garden house; and from thence to run up a line, as the Broadway runs, to the end thereof, including the said Broadway ; and John Harris, his house, and to include all other houses hereafter to be built fronting the said Broadway, and from the north end of the Broadway to continue and run a line, as the said street runs, until it comes directly opposite to Bestaver's Killitie or rivulet, and from thence to run to thie said Bestaver's Killitie, and so to continue the said I'ne four hundred feet beyond low-water mark into the North River, and so down the said Northi River, always keeping four hundred feet beyond low-water mark, until it comes directly opposite to the middle of the west end of the first mentioned street; and so to run to and through the middle of the said street, to the place where the said West ward first began.


The South ward to begin at the middle of Wall street, where the line of the West ward runs across the same, and from thence down the middle of Wall street, until it comes directly opposite to the middle of the north end of Broad street ; and from thence down the middle of Broad street to the long bridge ; and from thence to the eastward of, and to include the said long bridge, and the mar- ket-house at the south end of the said street ; and from thence to continue and run a southeast line across the East River to low-water mark on Nassau Island shore ; and from thence to run along the said shore at low-water mark, to the south side of Red Hook, and from thence to run a line across the North River so as to include Nutten Island, Bedlow's Island, Bucking Island and the Oyster Island, to low-water mark on the west side of the North River ; and so to run up along the west side of said river at low-water mark, until it comes directly opposite to Bestaver's Killitie or rivulet ; and from thence to run to the northwesterly corner of the West ward, at four hundred feet beyond low-water mark; and from thence along the bounds of the said West ward till it comes to the south- westerly end thereof ; and from thence still along the bounds of the West ward, through the street by the parade, and through Beaver street and New street, to the place where the South ward began.


The Dock ward to begin at the middle of Wall street, directly opposite to the middle of the north end of Broad street, and from thence down through the middle of Wall street until it comes to the middle of Smith street, then down through the middle of Smith street to a place called Marten Clock's Corner, including the small street between the house late of the said Marten Clock, and the slip, and so continue and run a line as the said small street runs into the East River, four hundred feet below low-water mark, thence running westerly, keeping four hundred feet below low-water mark, till it comes to the bounds of the South ward, and from thence along the bounds of the South ward, up the middle of Broad street to the place where the said Dock ward began


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The East ward to begin at the northeasterly corner of the Dock ward, in the middle of Smith street, and so to run from thence up through the middle of the said street, till it comes directly oppo- site to the middle of the northeasterly end of Golden Hill street ; and from thence to run down through the middle of the said street to the middle of the southeasterly end thereof; and from thence to run through the middle of Rodman's slip to the East River; and from thence to continue and run a line as the said slip runs into the East River, four hundred feet below low-water mark, till it comes to the southeasterly end of the Dock ward; and so along the bounds of the Dock ward up through the middle of Smith street to the place where the East ward began.


The North ward to begin where the East ward begins, in the middle of Smith street, and so to run from thence through the middle of the said street, so far as it runs, and so.to continue a line front the end of the said street as the street runs to the south side of the creek that runs from fresh water into the East River ; and from tlience running a north course till it comes to the bounds of the West ward; and from thence running along the bounds of the West ward toward Spring garden, and all along the rear of the houses fronting the Broadway, and so still along the bounds of the said West ward to the middle of Wall street, where the West ward runs across the same; and from thence down the middle of Wall street along the bounds of the South ward and the Dock ward, to the place where the said North ward began, including in the same ward the powder-house, the city hall, and the Presbyterian meeting-house.


Montgomerie ward to begin at the southeasterly corner of the East ward, opposite to Rodman's slip, four hundred feet below low-water mark in the East River, and from thence to run along the bounds of the East ward to and through the middle of Rodman's slip, and all through the middle of Golden Hill street till it meets with the boundaries of the North ward, and the middle of Smith street, and so along the bounds of the North ward, through the middle of Smith street, to the rivulet that runs from fresh water into the East River ; from thence along the said rivulet so far as it goes, till it empties itself in the said East River; and from thence to run a southeast line four hundred feet beyond low-water mark into the said East River, and from thence running westerly, keeping four hundred feet beyond low-water mark, to the place where the said Montgomerie ward began.


The Out ward to begin at the northwesterly corner of the South ward, at low-water mark, on the west side of the North River, over against Bestaver's Killitie or rivulet, and from thence to run up along the west side of the said river at low-water mark, until it comes directly opposite to the river, creek or run of water, called Spyt den Duyvel, over which King's bridge is built ; and from thence to run to the said creek or river to the Westchester side thereof, at low-water mark, and so to run along the said river, creek or run, on Westchester side, at low-water mark, into the East River or Sound, and from thence to cross over to Nassau Island to low-water mark there, including Great Barn Island, Little Barn Isand, and Manning's Island ; and from thence along Nassau Island shore, at low-water mark, to the bounds of the South ward ; and from thence along the bounds of the South ward, the Dock ward, the East ward, and Montgomerie ward, to the place where the said Montgo- merie ward and the North ward meet, at the rivulet that runs from fresh water, and so to run a north course as the said North ward runs, till it comes to the bounds of the West ward; and from thence along the bounds of the West ward to the northwesterly corner thereof, at four hundred feet below low-water mark, near Bestaver's Killitie or rivulet ; and from thence along the bounds of the South ward to the place where the said Out ward began.


3. And we do further, of our especial grace, certain knowledge and mere motion for us, our heirs and successors, will, ordain, give and grant that there be and forever hereafter shall and may be one mayor, one recorder, seven aldermen, seven assistants, one sheriff, one coroner, one common clerk, one chamberlain, one high constable, sixteen assessors, seven collectors, sixteen constables, and one marshal, appointed, nominated, elected, chosen and sworn, in and for the said city of New York, and the precincts and limits thereof; out of the freeholders or freemen, inhabitants of the said city, in manner and form as hereinafter is particularly mentioned; and for the better exe- cution of our will, gift and grant in this behalf, we have assigned, named constituted and made, and by these presents for us, our heirs and successors, do assign, name, constitute, and make our well-be- loved Robert Lurting, Esq., to be the present mayor of the same city, to do and execute all things which unto the office of mayor of the said city, doth or may belong or in any wise appertain. And we do moreover, for us, our heirs and successors, give, grant, ratify and confirm unto the said mayor of our said city of New York, and to his successors, and to the mayor of the said city for the time being, and to each of them forever, full power and authority to depute and appoint one of the aldermen of the said city, for the time being, to be approved of by the governor or commander-in- chief of the said province, for the time being, in the place of the mayor of the said city, for the time being ; an'd as his deputy in all matters and respects to act and to do all things which to the office of the mayor of the said city, within the limits, liberties and precincts thereof, do or ought to belong during the sickness or in the absence of the said mayor, for the time being.


4. And we do hereby will and grant, That every such deputy or person so to be appointed and


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approved of, after having taken such oath as hereinafter is directed for every such deputy t ) take, shall have as full power and authority to act and do, in the sickness or absence of the mayor of the said city, for the time being, all and singular those things which to the office of mayor of the sa.d city belongs, or shall belong or appertain, to all intents and purposes, as the mayor of the said city, for the time being, by virtue of these presents or otherwise, hath, shall, or ought to have. And we do further, for us, our heirs and successors, will, ordain and grant that, in case it should hap- pen that the present mayor of the said city, or any of his successors, or any of the mayors of the said c'ty, for the time being, should happen to die before any other fit person shall be appointed and sworn mayor of the said city, in their respective rooms and places, then and in every such case, upon the death of such mayor, such alderman for the time being (who shall have been so appointed and approved of as aforesaid, to act in the place of or as deputy to such mayor), shall be, and he is hereby appointed and declared mayor of the said city, and to continue and be con- tinued in, and to execute the same office of mayor of the said city, from the death of such mayor so dying, until another fit person shall be appointed and sworn mayor of the said city, in such man- ner as in and by these presents is hereafter directed for the respective mayors of the said city, to be appointed and sworn, and so as often as such case shall happen.


5. And further we have assigned, ordained, named and constituted, and by these presents do for us, our heirs and successors, assign, ordain, name and constitute our trusty and well-beloved Francis Harrison, esq. (one of our council of our said province of New York), to be the present re- corder of our said city, to do and execute all things which unto the office of recorder of the said city doth or may belong, or in any manner appertain, and to continue and be continued in and to exe- cute the said office, until another fit person shall be appointed and sworn in the office. And we do hereby appoint, That the governor or commander-in-chief of the said province for the time being, at any time or times, when, and as often as they or each of them think fit, may displace and remove the present recorder, or any other recorder, hereafter to be appointed.


6. And we do, for us, our heirs and successors, assign, name, constitute and appoint John Cruger, Harmanus Van Gelder, Frederick Phillipse, Gerardus Stuyvesant, Anthony Rutgers, John Roosevelt, and Johannes Hardenbrook, esqrs., citizens and inhabitants of the said city of New York, to be the present aldermen of the said city ; and Egbert Van Borsom, Samuel Kip, John Chambers, John Moore, Isaac De Peyster, Petrus Rutgers and Gerardus Beekman, gents , to be the present assistants of the said city, to wit : The said John Cruger, to be alderman, and John Moore to be assistant, for the Dock ward of the said city ; Harmanus Van Gelder to be alderman, and John Chambers to be assistant for the West ward of the said city; Col Frederick Phillipse to be alder- man, and Isaac De Peyster to be assistant for the South ward of the said city ; Gerardus Stuyvesant to be alderman, and Samuel Kip to be assistant for the Out ward of the said city; Anthony Rut- gers, Esq., to be alderman, and Egbert Van Borsom to be assistant for the North ward of the said city ; John Roosevelt to be alderman, and Petrus Rutgers to be assistant for the East ward of the said city ; Johannes Hardenbrook to be alderman, and Gerardus Beekman to be assistant for the Montgomerie ward of the said city


7. And we do, also, hereby nominate and appoint Co nel'us De Peyste", to be the present cham- bellain and treasurer of the city aforesaid ; Colonel Henry Beekman to be the present sheriff of the said city ; Richard Nichols, gent., to be the present coroner of the said city ; Edmund Peers to be the present high constable, and Robert Crannel to be present marshal of the said city.


8. And also, We do hereby nominate and appoint John Le Montes, David Abeel, assessors ; Nicholas Van Taerling, collector, and John Scott, constable, for the South Ward of the said city ; Jolın Thurman and John Bogart, assessors, and John Pearse, collector for the West ward of the said city ; Gerardus Duyckinck and Simeon Soumain, assessors, George Brinckerhoof, collector, and Christopher Nicholson, constable of the Dock ward of the said city ; John Brown and Nathaniel Marston, assessors, Peter Noxen, collector, and Timothy Bontecou, constable of the North ward of the said city ; John Pintard and Peter Van Dyck, assessors, Ebenezer Grant, collector, and John Abrahamson, constable of the East ward of the said city ; Jacobus Kip, assessor, and Cornelius Cousine, collector, for the Bowery division of the Out ward, and Barent Waldren, assessor, Derick Bensing, collector, and Arent Bussing, constable for the Harlem division of the said Out ward.


9. And we do hereby appoint, order and direct that within forty days after the date hereof, the freemen of the said city, being inhabitants in, and the freeholders of each : espective ward in the said city, may and shall assemble themselves and meet together, at such time and place in each of the said wards. as each respective alderman for each respective ward, shall appoint and then and there by the plurality of their voices or votes, to elect and choose out of the inhabitants of each respective ward, being freeholders there, or freemen of the said city, the several officers following, to wit, one other constable for the South ward ; one other constable for the West ward ; one other constable for the Dock ward; one other constable for the East ward; two assessors, one collector


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and two constables for Montgomerie ward; and two other assessors and three other constables for the Out ward, to wit : one other assessor and two constables for the Bowery division, and one other assessor and one other constable for the Harlem division of the said Out ward. And we do hereby will and ordain, that each and every of the before-named mayor, aldermen, assistants, chamber- lain, coroner, high constable and marshal, and all and every the before named assessors, constables, and every other assessor and constable hereafter to be chosen for any ward, or division of a ward in the said city before next Michaelmas day, on their being respectively sworn into their respective offices, as hereafter is directed, shall continue in their said respective offices until the fourteentli day of October next ensuing the date hereof, and from thence until other fit persons be respectively chosen and sworn in their respective rooms and places in mauner and form as is hereinafter directed. And we do also further ordain, order and declare, for us, our heirs and successors that as well the before named sheriff, as every other person and persons hereafter to be appointed for or to the office of sheriff of the said city, before he or they be permitted to exercise the said office, shall each of them give and enter into bond to us, our heirs and successors, with two or more sufficient sureties, in a penalty not less than one thousand pounds, conditioned for the faithful and due execution of his said office, in such manner as the governor or commander-in-chief of the said province of New York, for the time being, shall think fit and appoint. And the before named sheriff, on his giving such security, and having taken such an oath as hereafter is directed, shall continue in his said office until the fourteenth day of October next ensuing, and f. om thence until another fit person is appointed and sworn into the said office, and has given such security as aforesaid.


10. And we do hereby further, for us, our heirs and successors, appoint and ordain that the governor or commander-in-chief of the said province of New York, for the time being, by and with the advice of the council of us, our heirs and successors, for the said province for the time being, from time to time, shall have full power and authority on the feast day of St. Michael the Archi- angel, in every year forever hereafter, to name and appoint and can, shall and may name and appoint, a discreet and fit person of the freeholders, freemen or inhabitants of the said city, to be mayor of the said city ; and one other fit and able person, one of the freeholders or freemen, being an inhabitant of the said city, to be sheriff of the said city ; and one other such person to be coroner of the said city, all for the ensuing year. And also, that on the said feast-day of St. Michael the Archangel. in every year forever hereaf er, the freemen of the said city, being inhabitants, and the freeholders of each respective ward in the said city, shall and may assemble themselves and meet together at such time of the day and such public place in each of the said wards as each respective alderman for each respective ward, for the time being, shall appoint ; and then and there, by plurality of their voices or votes, to elect and choose out of the inhabitants of each respective ward, being freeholders thereof or freemen of the said city (except the Out ward), for the ensuing year, one alderman and one assistant. two assessors, one collector and two constables ; and for the said Out ward, four assessors, two collectors and four constables, to wit : two assessors, one col- lector and two constables for each division of the said ward. And also, That the mayor of the said city, for the time being, and four or more aldermen, and four or more of the assistants of the said city, for the time being, on the feast-day of St. Michael the Archangel, in every year forever here- after, shall and may in common council name and appoint one fit person, being a freeholder or freeman and an inhabitant of the said city, to be treasurer or chamberlain of the said city for the year ensuing ; and also that on the same day in every year forever hereafter, the mayor of the said city, for the time being, shall name and appoint one other of the said inhabitants, being a free- holder or freeman of the said city, to be high constable of the said city for the year ensuing; every of which person so to be named for mayor, coroner, high constable or chamberlain, or so to be elected for aldermen, assistant, assessor or constable, on the feast-day of St. Michael, shall, on the fourteenth day of October then next ensuing their nomination or election respectively, take the respective oaths hereinafter appointed for them respectively to take, in such manner and form as hereinafter is directed, and shall continue in their said respective offices, from their being so respectively sworn, until other fit persons be respectively named or elected, and sworn in their respective rooms and places. And also, That every person so to be named for sheriff on the said feast-day of St. Michael, shall on the fourteenth day of October then next ensuing liis nomination, take such oath as is hereafter appointed for each sheriff to take, and shall give such security as is hereinbefore appointed for each sheriff to give, and shall remain in the said office from the time of his being so sworn and giving such security, until another fit person shall be appointed and sworn into the said office, and shall have given such security as aforesaid. And we do further, for us, our heirs and successors, appoint and ordain that if it should happen that either the mayor, sheriff or coroner of the said city, for the time being, at any time (before other fit persons be so as afore- said respectively named and sworn in their respective rooms) should happen to die, then and so often as it shall so happen, it shall and may be lawful for the governor and commander-in-chief of




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