In the negative Mr Gilbert The Recorder Minthorne Upon motion of the Recorder the following Resolution passed unanimously Resolved that the Mayor be requested to take the opinion of General Hamilton in writing on the following question to wit. Whether under the Charter of this City the board have any authority to question the right of a Freeholder or Freeman to his seat when returned duly elected by the returning Officer as a Member? And that the Mayor be authorized to draw a Warrant on the Treasurer for Fifty Dollars as a fee to General Hamilton Alderman Coles presented the following Resolution to wit Resolved that upon a Scrutiny had relative to the Election of an [349] Alderman and Assistant for the fourth ward of this City it does appear that John Bogert had a Majority of votes for Alderman and Nicholas Carmer for Assistant. Therefore resolved that the said John Bogert is duly elected Alderman and Nicholas Carmer Assistant of the fourth ward, and that they take their Seats accordingly A division being taken the aforesaid Resolution passed in the Affirmative as follows. Ordered that the Clerk notify Messieurs Bogert and Carmer to attend the next meeting of this Board on Monday next at 3 P M. Mr Gilbert gave notice that at the next meeting he will present a protest against the late proceedings of this board relative to the Scrutinies of the Elections in the fourth and fifth wards. [350] In Common Council December 14, 1801 Present Edward Livingston Esquire Mayor John T. Banta appeared before the board and took and subscribed the oath of Office as an assessor of the Sixth ward. John Bogert Esquire presented himself at the Board and claimed to have the oath of Office administered [351] him as Alderman of the Fourth ward. The Mayor and Recorder both replied that they had seriously and impartially considered the subject That Messieurs Cornelius C Roosevelt and Peter H Wendover had been already sworn into office on the day by Law appointed for that purpose That the remedy for Mr Bogert if he was entitled to any must be by application to the Supreme Court and that they could not consistently with their ideas of law, duty, and propriety administer the oath of office to Mr Bogert. The minutes of the eighth of December instant being read. Alderman Coles then moved that the names of Cornelius C Roosevelt and Peter H Wendover be stricken off the minutes as members of the board. Upon which a division being called the votes stood as follows. The Clerk counted the votes and declared the question was carried by a Majority of One. whereupon [352] the Mayor said he was likewise a member of the board and desired his vote to be put down in the Negative. The claim of the Mayor to vote under other circumstances than giving a casting vote and Mr Roosevelt and Mr Wendover being called on by the Clerk to vote when they had been declared by previous resolutions of the board not to be entitled to Seats induced a call for an adjournment which was carried accordingly. December 18th 1802 [1801] A Common Council having been summoned by the Mayor to meet on this day, the following members attended to wit [353] No other members having attended the following oath was administered to Mr Rinier Skaats the doorkeeper and Messenger of this board with respect to the service of such summons. City of New York ss. Rinier Skaats being duly sworn deposeth and saith that on Thursday the seventeenth day of December instant he duly served either personally or by leaving at their houses notices or Summonses issued by the Mayor of the City to attend a Common Council directed by the said Mayor to be held on this eighteenth day of December at four oclock in the afternoon, on the following members of the said Common Council to wit. James Roosevelt Selah Strong, Robert Lenox, John Nitchie, Philip Brasher and Philip Ten Eyck, John B Coles and John P Ritter Esquires. and further this deponent saith not. Rinier Skaats Sworn this 18 Decr 1801 Before Edw. Livingston Mayr A Letter addressed to his honor the Mayor by the absenting members of the Board was then received in the words following to wit Having too much reason to think [354] that a deliberate plan has been formed to violate the established rights, and usages of the Corporation both by obtruding upon them persons as members of it whom the Common Council have already determined to be not duly elected. And also by your claiming and as we suppose usurping a right to vote in cases where it never has been exercised by your predecessors We feel it our duty to declare our intention to oppose these Measures & to Support what we consider our just rights. A spirit of Conciliation, and a wish to avoid the inconveniences that might result from the suspension of public business would have induced us to form a temporary arrangement consistent with the preservation of those rights until such time as the Questions that had arisen might receive a legal decision. We are sorry to find that our Efforts for this purpose have been ineffectual, and that you persist in considering Messrs Cornelius C Roosevelt and Peter [355] H. Wendover as Members of the Common Council; after the resolution of the board upon that subject it would be improper for us to recognise or act with them as such, unless their pretension should receive a legal sanction. We shall therefore before our meeting with you in Common Council expect to be satisfied that those Gentlemen will not be received as members of the Board against our Consent until their right to seats in it has been judicially established. We shall also expect that the uniform practice of the board will be conformed to respecting the vote of the Presiding Officer until a legal decision to the contrary shall have been obtained. It is with reluctance that we submit to the necessity of addressing you in this manner. We are sensible that evils of considerable Magnitude may result from the present state of things, but as we are Conscious that we are doing our duty and defending our rights We console ourselves with the reflection, that those Evils will not justly be imputed [357] In Common Council, March 16 1802 Present Edward Livingston, Esquire, Mayor John B Prevost, Esquire Recorder The Chamberlain having presented an Estimate by which it appears that the sum of one hundred thousand dollars is necessary for the support of the poor and other contingent expences of the City and County of New York Resolved that a petition to the Legislature praying that a bill may be passed to enable this Corporation to raise that sum by tax be transmitted under the Public Seal. And that the Mayor be authorized to take such measures as he may think proper to forward the said Petition. Resolved that the Recorder be requested to examine the Act of this State concerning Hawkers and Pedlars and to report to this board whether the penalty thereof extends to the sale of Fruits. A petition from the Directors of the New York institution for the inoculation of the Kine pock praying that the Superintendant of the Alms house may be authorized to cause such of the paupers as have not had the small pox to be inoculated with the kine pock matter, and that a suitable compensation be allowed therefor, was read and referred to Alderman Strong, Mr Brasher and Mr Ten Eyck. [358] The Recorder Ald: Barker & Mr Gilbert Were appointed a Committee to report whether any On reading the petition of John Brooks, praying that the right of may be given up. granted. The Recorder Were appointed a Committee to inquire and report Resolved that during any recess of this board hereafter exceeding One week that the Mayor, and in his absence the Recorder, be authorised to issue his Warrant on the treasurer for the payment of all such accounts, as may be audited by the Committee heretofore appointed for that purpose. Resolved that the Clerk be directed to deliver to the auditing Committee the several Accounts paid by loan to report thereon by the next meeting of the Board. Resolved that the Clerk of this Board be directed to request Mr Dodge to remove from the Alms House by the first day of May next. [359] Resolved that the Mayor be authorized to appoint a Deputy Weighmaster, during the illness of Fletcher Beekman 群 |