IN COMMON COUNCIL, 
May 31s£, 1830. 
The Special Committee to whom was referred the Resolutions 
of Alderman Stevens, relating to the supply of Water by 
the Manhattan Company, presented the following Report, 
which was laid on the table and directed to be printed for 
the use of the Members, together with the Resolutions of 
Aid. Stevens and the Resolution of the Senate. 
J. MORTON, Clerk. 
Resolved, That it be referred to a Special Committee to 
enquire and report, 
If the Manhattan Company are under any obligation to 
pay for the use of the Streets, or to make good the damage 
which the Company have done to the pavements since the 
last award on this subject in favor of the Corporation. 
And whether the Manhattan Company had the right to 
cut off and discontinue the fire-plugs which were introduced 
into the pipes, and which have been always heretofore used 
for the extinguishment of fire, 
And whether the Corporation ought, without any allow- 
ance for the injuries done by this Company, to submit to the 
new exaction, now for the first time laid on the public, in a 
demand lor the payment of money for the water used for the 
extinguishment of fires. 
And lastly—Whether this Company chartered for the 
sole and express purpose of introducing into the city pure 2 
and wholesome water, and having enjoyed a valuable con- 
sideration in Banking privileges claimed in perpetuity, have 
fairly or substantially complied with the conditions of their 
Charter. 
The Special Committee to whom was referred the annex- 
ed resolution in relation to the concerns between the Man- 
hattan Company and the City, beg leave to 
REPORT s 
That the Legislature in April, 17 99, chartered an associa- 
tion of Gentlemen by an Act entitled, “An Act for supplying 
the City of New-York with pure and wholesome water,” 
and the Legislature in the preamble to the said act, remark, 
“that with a view to encourage their laudable undertaking 
which promised, under the blessings of God, to be conducive 
to the future health and safety of the inhabitants of the 
said city,” they did charter the said Company with a capi- 
tal of two millions of dollars. The said company and 
their agents under this charter had the right to enter on the 
private property of individuals, erect dams across any streams 
of water or rivers, build reservoirs, canals and aqueducts for 
the introduction of pure and wholesome water into the city; 
and the company were, within ten years after the passing of 
the said act, to furnish and continue a supply of pure 
and wholesome water to all such citizens as would agree to 
take it on the terms of the company. 
The object to be obtained by our citizens under the bles- 
sing of God, was the health and the safety of the city; objects 
certainly to which the private rights of individuals might well 
be made subservient. 
With this charter, unlimited in duration, the company soon 
commenced operations, not by bringing into the city the 
pure and wholesome water of the Croton or the Bronx, or 
that of any other source, adjacent to the city, but by digging 
a well some 30 or 40 feet deep on the borders of the collect, 
and in the heart of the city j and this water has up to about 3 
the present time been supplied, principally, through pine logs, 
and even this supply not extended over one third part of the 
paved and built upon parts of the city. 
Several questions arise :—Was the digging a well at or 
near the collect, the undertaking promised and contemplated 
by the company? If so, a much less amount of capital was 
required, and if pure and wholesome water was to be found 
in the populous parts of the City, then the common wells 
would have produced it, and if water was not to have been 
brought from abroad, why all the provisions of diverting ri- 
vers and streams, erecting dams and reservoirs ? 
But if the company had the right to procure their water 
from a populated part of the city, and a pretty filthy one 
too, they certainly were by the first act creating iheir com- 
pany, bound, within ten years, to supply wrater of a quality 
pure and wholesone. That water is supplied of this quality, 
it is believed none will contend. I n fact the use by our citizens 
of the water from the street wells, and the purchase of water 
from cartmen who carry it through the city, may be consid- 
ered strong evidence of the estimation which the water is 
held in by them. 
The safety of our city (against fires it is presumed) is the 
next grand inducement held forth, and, under the like blessing 
of Providence, promised to the community, and it is proper to 
enquire how far this part of the undertaking of the company 
lias been complied with. 
It is admitted that the company from its commencement 
to lay their wooden pipes, caused certain erections to be 
made, called fire-plugs, by which the fire engines could have 
access to the water in the wooden pipes, and the Fire 
Department had access to and used this water, until the 
last year or two, at which time the Manhattan Company 
commenced laying down iron, in the place of wooden, pipes. 
And they have not continued to furnish the plugs to the pipes 
but have discontinued all those which were heretofore used, 
so that all streets, where the iron pipes are laid down, have 
no access to the water for the extinguishment of fire, and 
these streets or the buildings thereon, have become much ex- 
posed. 4 
This company in laying down their pipes have, (and per- 
haps from necessity) much injured the streets, and the Cor- 
poration had awarded them many years since, $5,500 for 
such damage then done by the Manhattan Company, since 
which time the Corporation have not received any reparation 
for the damage, or compensation for the use of the streets, 
but the company on their part, until lately, have, at their 
expense, furnished the fire-plugs connected with the pipes 
and the water, without charging the Corporation for the 
same. But a new claim is now set up; that we furnish the 
use of the streets gratis, that we make good the damage to 
the pavements—be at the expense of the fire plugs or hy- 
drants ; and also pay some two or three thousand dollars to 
keep the water in the reservoir at night. These demands of 
the company bring up the whole subject for the considera- 
tion of the board. 
It will be found that the pipes of the Manhattan Compa- 
ny, if we had free access to the water, furnish no security 
against fire for the most exposed parts of the city, for these 
pipes do not extend higher up than Spring-street, and in 
most parts of the city not near so high up. The consequence 
has been that the old system of pumps has, of necessity, been 
continued at the corners of most of the streets. 
That public cisterns at a great expense have been put 
down as a security against fire, and the Corporation have 
also been obliged to sink the well, build the reservoir in 
Thirteenth-street, and lay down the pipes for security 
against fire for the upper part of the city. The last plan 
alone will probably cost the city $100,000. In addition to 
this it may be mentioned that the report of,the Water Com- 
mittee recommended the introduction of water, (the object 
for which the Manhattan Company was chartered,) at an 
expense to the city of two millions of dollars. Now if this 
company has pertormed the objects of its charter—the in- 
troduction of pure and wholesome water, then we are not 
required to make the expenditure referred to. And if they 
had supplied us with water, as a security against fire, then 
our citizens would not have lost by this element rising 5 
$600,000 in one year, neither would they have been put to 
the expense of the establishment erecting in Thirteenth- 
street. 
Your Committee remark, that until the powers of the 
Manhattan Company relating to the introduction of water, 
are either limited, or stricken out of the charter, it would be 
improper for the Corporation to undertake to procure for 
our citizens the great public blessing set forth in the pream- 
ble of the charter of that company, the health and security 
of this great metropolis. And as the Senate on the petition 
of Edward Genet, referred these matters among others, to 
the Attorney General, to take such proceedings against the 
company as he may deem legal and proper; 
Therefore your Committee offer the following resolution : 
Resolved, [ hai the Counsel of the Board furnish the At- 
torney General with such proofs as he may be able to pro- 
cure, showing that the Manhattan Company have not 
complied with the professed objects and intentions of their 
charter, so far as the introduction and supply to our citizens 
of pure and wholesome water is concerned, nor so far as 
relates to the free use of the water for the extinguishment 
of fire. 
All which is respectfully submitted. 
SAMUEL STEVENS, 
BENJAMIN M. BROWN, 
THOMAS T. WOODRUFF, 
HENRY ARCULARIUS, 
BERNARD J. MESEROLE. 6 
STATE OF NEW-YORK: 
IN SENA TE, April mh, 1830. 
Resolved, That the petition of Edmund C. Genet, relative 
to the Manhattan Company in the City of Nevv-York, be 
referred to the Attorney General, with directions that he ex- 
amine the matters contained in the said petition, and take 
such proceedings thereon as he shall consider to be legal 
and proper. 
By order. 
JOHN F. BACON, Clerk.