Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 105

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 105

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HISTORY OF THE COUNTY OF ALBANY.

schepenen of Williamstadt; and sometimes by the name of justices of the peace for the town of Albany; and by divers other names as by their sev- eral grants, writings, records and minutes amongst other things may more fully appear. And whereas the inhabitants of the said town have erected, built and appropriated at their own proper cost and charges, several public buildings, accommoda- tions, and conveniencies for the said town, as also certain ·pieces or parcels of ground for the use of the same-that is to say, the town-hall or stadt- house, with the ground thereunto belonging; the church or meeting place, with the ground about the same; the burial place adjoining to the pali- sades at the southeast end of the town; the watch- house and ground thereunto belonging.

" Also a certain piece or parcel of land commonly called 'the Pasture,' situate, lying and being to the southward of the said town, near the place where the old Fort stood, and extending along Hudson's River till it comes over against the most northerly point of the Island commonly called Martin Gerritsen's Island, having to the East the Hudson river; to the South the Manor of Rens- selaerwyck; to the West the highway leading to the town; the pasture late in the tenure and occupa- tion of Martin Gerritsen, and the pasture late in the tenure and occupation of Caspar Jacobse; to the North the several pastures late in the tenure of and occupation of Rob Sanders, Myndert Harmense and Evert Wendell, and the several gardens late in the tenures of Dirck Wessels, Killian Van Rens- selaer and Abraham Staat, with their and every of their appurtenances."

This charter in no way interfered with or abridg- ed the citizens of any of their liberties, privileges, franchises, rights, royalties, free customs, jurisdic- tion and immunities; nor with the rights of their respective messuages, lands, hereditaments and leaseholds, etc. The charter provided that, "the said town should forever thereafter be called by the name of the Mayor, Aldermen, and Common- alty of the City of Albany." The charter also "grants to the City of Albany, all the waste, vacant, unappropriated land lying and being in the City and the precincts and liberties thereof, extend- ing and reaching to the low-water mark in, by and through all parts of the said City, together with all rivers, rivulets, coves, creeks, ponds, water courses in the said City not heretofore granted."

One of the most important parts of the Charter is that which gives the Corporation of the City power to purchase and hold land in their cor- porate name; it is given as follows:

"I do, by these presents, give and grant unto the said Mayor, Aldermen and Commonalty, full power and license at their pleasure, likewise to purchase from the Indians the quantity of one thousand acres of low or meadow land lying at a certain place called or known by the name of Tionnondoroge, which quantity of 1,000 acres of low or meadow land shall and may be in what part of Tionondoroge, or the land adjacent on both sides of the river, as they, the said Mayor, Alder- men and Commonalty of the said City of Albany

shall think most convenient; which said several parcels of low or meadow land I do hereby, in be- half of his said Majesty, his heirs and successors, give, grant and confirm unto the said Mayor, Aldermen and Commonalty of the City of Albany aforesaid, to be and remain to the use and behoof of them and their successors forever. To have and to hold all and singular, the premises to the said Mayor, Aldermen and Commonalty of the said City of Albany and their successors forever, rendering and paying therefor unto his most sacred Majesty, his heirs, successors and assigns, or to such officer or receiver as shall be appointed to receive the same, yearly, forever hereafter, the an- nual quit rent or acknowledgement of one beaver skin, in Albany, on the five and twentieth day of March, yearly forever."

The Charter provides that the limits of the city shall be as follows:

"The City of Albany shall henceforth extend and reach as well in length and in breadth, as in circuit, on the East by Hudson's river, so far as low water mark; to the South by a line to be drawn from the southernmost end of the pasture, at the North end of the island called Gerritsen's Island, running back into the woods 16 English miles due northwest, to a certain Kill or Creek, called the Sand Kill on the North, to a line to be drawn from the Post that was set by Governor Stuyvesant near Hudson's river, running likewise northwest 16 English miles, and on the west by a straight line, to be drawn from the points of the said South and North lines."

It also provides that

"The Mayor, Aldermen and Recorder shall be Justices and Keepers of the Peace, and Justices to hear and determine matters and causes within the said City and precincts thereof, to hear, determine and punish all petty larcenies and all other petty offences."

It gives the Mayor, Aldermen and Commonalty, and their successors forever, land's, tenements, rents and other possession, within or without the City, so as the same does not exceed the sum of £1,000 per annum; and also gives them power to grant and sell the same.

The Mayor was, ex officio, Coroner and Clerk of the Market, and he with the Aldermen and Re- corder of the City were to be Justices of the Peace of the County, and as such "shall and may sit in the Court of Sessions or County Courts. and Courts of Oyer and Terminer, that shall from time to time be held in said County; and that the Mayor, Recorder and some one of the Aldermen shall preside at such County Courts and Courts of Ses- sions. The Town Clerk of the said city shall al- ways be the Clerk of the Peace, and Clerk of the Sessions or Court of the County."

Governor Dongan in this Charter designates the officers of the said city as follows:

"There shall be forever hereafter, within the said City, a Mayor, Recorder, Town Clerk, and six Aldermen and six Assistants, to be appointed, nominated, elected, chosen and sworn, as herein- after is particularly and respectively mentioned,

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MUNICIPAL HISTORY OF THE CITY OF ALBANY.

who shall be forever hereafter called the Mayor, Aldermen and Commonalty of the City of Albany, and that there shall be, forever, one Chamberlain or Treasurer, one Sheriff, one Coroner, one Clerk of the Market, one High Constable, three Sub- Constables, one Marshal or Sergeant-at-Mace, to be appointed, chosen and sworn in manner here- after mentioned. That the Mayor, Aldermen and Common Council of the City of Albany shall be one body corporate and politic, in deed, fact and name; and that by the name of the Mayor, Alder- men and Commonalty of the City of Albany, they may have perpetual succession."

The Charter then proceeds to appoint the Mayor, Common Council and other officers of the city under the Charter, which were as follows:

Peter Schuyler, Mayor; Jan Bleecker, Cham- berlain; Isaac Swinton, Recorder; Richard Pretty, Sheriff; Robert Livingston, Clerk; James Parker, Marshal.

Aldermen .- Dirk Wessels, Jan Jans Bleecker, David Schuyler, Johannis Wendell, Lavinus Van Schaack, Adrian Gerritse.

Assistant Aldermen .- Joachim Staats, John Lan- sing, Isaac Verplanck, Lawrence Van Ale, Albert Ruyckman, Melgert Winantse.

Early in July, previous to the granting of this Charter, Peter Schuyler and Robert Livingston were appointed Commissioners by the town of Albany, which appointment was ratified by the Magistrates of the city, to go to New York, and procure the Charter we have described, which they did, and the same was agreed to between the Magistrate, and Colonel Dongan, Governor-Gen- neral of the Province of New York.

On the 22d of July, 1686, the Commissioners returned with the same, and were publicly re- ceived "with all the joy and acclamations imagin- able, and received the thanks of the magistrates, burgesses and other dignitaries of the city, for their diligence and care," Peter Schuyler took the oath of Mayor, to act until a further ratification of his appointment by the citizens. In the same manner the Aldermen and Assistant Aldermen we have named, took the oath of office and entered upon their duties.

The following is a copy of the minutes of the first meeting of the Justices of the Peace after the re- turn of Pieter Schuyler and Robert Livingston with the charter, and a copy of the oath administered to the Mayor:

"Att a meeting of ye Justices of ye peace for ye County of Albany, ye 26th day of July, A. D. 1686.

"Pieter Schuyler, gent., and Rob' Livingston, gent., who were commissionated by ye towne of Albanie to goe to New Yorke and procure ye Charter for this citty wh was agreed upon between ye magistrates and ye right hon'. Co1. Tho. Dongan, Gov. Gen", who accordingly have brought the same along with them, and was published with all ye joy and acclamations imaginable, and ye said two gent" received ye thanks of ye magistrates and burgesses for their diligence and care in obtaining ye same; and whereas Pieter Schuyler is nominated and appointed to be Mayor of ye citty of Albany by

ye said charter, till such time that anoy' fitt person be chosen in his room. Was sworn as follows:

"Whereas, you Pieter Schuyler are appointed and commissionated to be mayor and clerk of yo market and coroner of ye citty of Albany, as also coroner for ye sd county, by ye charter granted to ye said citty by ye Right Hon1e Coll. Tho. Dongan, Gov. Gen" of this province, you doe swear by ye ever living God yt y" will truly endevor, to ye best of y" skill, with a good conshience and according to ye laws of this Government dispence justice equally in all cases and to all p'sons whereunto by vertue of y' office you are impowered, and further officiat and perform ye duty and office of Mayor, clerk of ye market and coroner, in every respect to ye best of y' knowledge and capacity, so help y" God."

Previous to this City Charter, the laws of Albany were administered by the Justices of the Peace, who were invested with certain judicial and municipal powers by the Governor-General of the Province of New York. With the municipal jurisdiction given the Mayor and Aldermen by the Charter, were large judicial powers.

The Mayor and the Aldermen, with certain Jus- tices of the Peace, were authorized to hold courts of civil and criminal jurisdiction. This Court be- came one of great importance, and continued down to the Revolution, and with some changes, applic- able to the new form of government, after the adoption of the first State Constitution.

The Mayor's Court, as it was called, possessed the powers and duties of a Court of Probate of Wills, and these now held by Surrogates. They also decided the time and place of holding elec- tions. The first meeting, or Court, of the Mayor and Aldermen, was held at the City Hall in Albany, August 31, 1686. It was both a Court of Justice and a meeting of the Mayor and Aldermen for the transaction of municipal business.

Among the legal cases was one of a negro, Her- cules, charged by Myndert Frederickse with steal- ing wampum out of his house, belonging to the churchwardens of the Lutheran Church.

The negro, having confessed the theft, was sen- tenced "to be whipped through ye towne at ye carte tale by ye hangman, for an example to others." His master was ordered to pay the costs.

Regulations were also passed for the observance of the Sabbath.

The following order in regard to non-attend- ance at the meetings of the Common Council was made:

" Whoever of the members of the Common Coun- cil shall be absent att ye second ringing of ye bell, being in towne, at any common council day, shall forfeit six shillings, toties quoties."

Extended regulations were adopted in regard to the Indian trade.

The salary of Robert Livingston, Clerk of the Board, in consideration of his diverse services, was advanced so that he was to have twenty pounds per annum.

Early in 1689, King James was compelled to abdicate the throne, and was succeeded by Will-

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HISTORY OF THE COUNTY OF ALBANY.

iam and Mary. On July 1, 1689, the news of their accession to the throne was received in Albany. A meeting of the Mayor and Common Council was immediately convened, which, by an ordinance or proclamation, announced a meeting of the citi- zens, to take place the next day in front of the City Hall. This meeting took place. A procession was formed, consisting of the Mayor and Aldermen, with other city officials and citizens, who marched up to the fort, where the Mayor, in a solemn man- ner, proclaimed in English and in Dutch, William and Mary their lawful sovereigns. At the conclu- sion of the ceremony the guns at the fort were fired and the bells rang out joyful peals.

It is our purpose to give only such doings of the Common Council of the city as we consider most interesting and instructive, as illustrative of the spirit of the age, as well as its material condition.

At a meeting of the Council held at the City Hall, October 14, 1695 (Evart Bancker, Mayor), the city being {2,000 in arrears of taxes, the follow- ing order was made :

"Whereas the arriears of ye £2,000 and {1,500 tax having been directed to ye constables of each warde by an warrant from Dirk Wessells, Justice, which constables give in their report, that all who are indebted to ye said arriears gives them an answer that they have paid it, and setts them aft from time to time."

At the same meeting a committee was appointed to examine the Treasurer's account, and a warrant was directed to be issued to "fetch up all the lycenses." These "lycenses " were granted to persons for the right to sell various kinds of mer- chandise The Justices of the County were also directed to appear before the Board on December 9th following, "to correct all affairs between the Citty and County."

At a meeting of the Mayor and Common Coun- cil held December 3, 1695, a case came before the Board, the disposal of which seems to have greatly puzzled the city dignitaries, as appears in the fol- lowing :

"Cornelia Vanderheyden appears here at ye barr, and gives in ye oath of her suster Ariaantje, who is brought to child-bed, that Leift. Symon Young is ye father thereof, ye only father, and none but he; and deseres that ye mayor and al- dermen would use some methodd or anoyr with ye sª Young for the maintenance of the child."

What metliod their Honors took to compel Lieutenant Symon Young to support his child, does not appear.

Some time after this action of the Common Council, Lieutenant Young was appointed Sheriff of Albany, and proposed to take and support the child; but the mother refused, and there the mat- ter ended.

On December 17th there was an order made for "repairing the City Stockadoes, which were out of repair toward the river side; and that four hundred and fifty new Stockadoes should be provided, to be 13 feet long and a foot over, and that a war- rant may be directed to the assessors, to make an

equal assessment thereof upon the inhabitants, and then deliver the same to the Mayor."

At this time the city was surrounded, for its pro- tection, by a stockade, thirteen feet in height. The lines of this stockade were Steuben street on the north, Hudson street on the south, the river on the east, and Lodge street on the west. Afterward the stockade was extended. .

In the winter of 1696 there was a great scarcity of grain, especially wheat. The merchants and grain dealers having purchased large quantities of wheat for the purpose of shipping it to New York, where it was nearly double the price paid in Al- bany-although commanding a high price in that city-caused great suffering, inasmuch as they re- fused to sell wheat in any quantities.

At a meeting of the Common Council, March 10, 1696, the matter was presented to the Board, and the merchants were summarily dealt with for their exorbitance, as appears from the following order :

" Whereas, Several p:rsons of ye citty and county has given in a complaint to ye Mayor and justices of ye citty and County, yt there is severall persons doe goe with money in thare hands to buy wheat, and can not have it, by reason ye marchants has engrossed in there hands, being resolved to ship it for New York; the Mayor, aldermen, and justices of ye peace have resolved and agreed upon yt no merch" or any other persons whatsoever shall ship any corn aboard any sloop, vessel, boat whatso- ever untill such time wee have his Excell. direc- tions in it, as they will answer upon there uttmost perill."

The following quaint order, providing for the necessities of an impecunious citizen, shows that their Worships, the Mayor and Common Council, were not inaccessible to flattery:

July 17, 1697, " Whereas, Mr. Leeft. Oliver doth make his addresse to the Court for bedding, since he complains that he is in great necessity for want thereof, ye gent" of ye Court cannot fynde that they are obliged to furnish such supplies, but, in consideration of his Civilty, doe give as a gift ye summe of five pieces of eight."

At the time of which we are writing, the gates of the city were opened and closed by an officer called the City Porter, appointed by the Mayor and Common Council.

At a meeting of the Board, held in the City Hall in Albany, November 23, 1697, the following order was adopted:

" Whereas, It is by the Mayor, Aldermen and Commonalty concluded, who have appointed John Ratecliffe as Citty Porter, instead of Hend. Mar- selis, Deceased, that he is upon all occasionable times to open and shutt ye gates of this Citty, es- pecially in ye mornings and in ye evenings at ye ap- pointed time, as also to attend ye Church Ringing of ye bell on all occasions, for which he is to re- ceive yearly eight and twenty Pieces of Eight at six shillings, and to be paid quarterly; moreover, he,, ye sª John Ratecliffe, is to attend ye Burger Guards, to keep them clain, and to- make every evening a

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MUNICIPAL HISTORY OF THE CITY OF ALBANY.

fyre, wherefore he is to receive Three pence per Diem. Who hath made oath to be true."

At a meeting of the Common Council, held May 9, 1698, a resolution was adopted for building an Indian House on the Hill, for the accommodation of the Indians.

February 1, 1699, the Common Council " Re- solved, That one other Indian house, besides ye two heretofore resolved on in January last, shall be build just upon ye hill going up from ye Parle street geat northwesterly, in or about ye middle part of said hill, where ye whole Common Councill forth with shall appoynt ye Place, and yt ye Building and Charges thereof shall bee in ye lyke manner as ye two houses aforesaid."

We have thus given a history of the organization of the Municipal Government of Albany, and some of the most interesting proceedings of the Common Council, from its first meeting July 26, 1686, to the close of 1699, showing how the city gov- ernment was conducted for the first thirteen years of its existence.

The Municipality of Albany thus organized, continued with great regularity and success down to the termination of the Provincial or Colonial Government, early in 1776.

From 1700 to 1753 the city was governed with great wisdom through successive municipal admin- istrations.

At a meeting of the Common Council July 31, 1753, an order was made directing that the pave- ment between the houses of Jacob Lansing and David Schuyler, in the Third Ward, be raised, so that the water that came down from the hill be- tween the houses of David Vischer and Jacob Lans- ing may vent itself through the lane or street, and so down to the river.

At a meeting of the Common Council, held July 10, 1756, the following important resolution was adopted:

" Resolved, That the Clerk draw a deed to the Minister, Church Wardens and Vestrymen of St. Peter's Church, in the City of Albany, for them and their successors, in trust forever, for a piece of ground for a burying place, lying upon the Hill ad- joining the fort, agreeable to a map made by John R. Bleecker, and that the Mayor execute a deed, and cause the City Seal to be thereupon affixed in behalf of the Corporation."

At a meeting of the Common Council, held April 3, 1760, Sybrant G. Van Schack, Mayor, the matter of the great scarcity of water in the city and neighborhood came up, under a proposal to bring water in pipes from the hills, collect it in reservoirs, and erecting pumps. The matter was presented in the form of a petition, asking the Mayor and Cor- poration for a conveyance of the right so to do to the petitioners, their heirs and assigns, forever, under proper restriction, and to the end that every citizen may be partakers of the ease and advantage of it, provided he pays unto the petitioners eight shillings annually, and conform himself to the articles of the agreement."

After a full hearing, the Board adopted the follow- ing resolution:

"Resolved, that the petitioners have an instrument drawn, including their petition; that the Mayor will sign the same and cause the Seal of the City to be thereupon affixed, by virtue of this resolution."

This, we believe, is the first action ever taken by the municipal authorities of Albany for bringing water into the city.

The following important historic entry was made in the city records at a meeting of the Common Council held April 3, 1760 :

"Whereas, A number of gentlemen residing in this City have signified to the Mayor, Recorder, Aldermen and Commonalty of the City of Albany, that they are desirous of establishing a Presbyterian Church in the same, this is to certify that the Mayor, Recorder, Aldermen and Commonalty of the City of Albany, that they are desirous of establishing a Presbyterian Church in the same.

" This is to certify, That the Mayor, Recorder, Aldermen and Commonalty of the city aforesaid, do very much approve of so laudable an inten- tion, and promise that they will do every thing in their power to encourage and promote the same, and that the Mayor sign this in behalf of the Cor- poration, and that the Clerk affix the City seal to it."

By the condition of the original Charter of Albany, the title of all the land lying within the Corporation was vested in the Mayor, Recorder and Common Council, and in tracing the proceed- ings of the Common Council, we find on almost every page resolutions of the Board directing the Clerk to execute deeds to the grantees of lands and to affix the seal of the Corporation thereto.

The first deed of lands executed by the Corpora- tion of the city is dated November 1, 1687. It is a document of so much interest and importance that we insert a copy of it from the early records of the county.

"To ALL CHRISTIAN PEOPLE to whom these pres- ents Shall Come, the Mayor, Aldermen, and Com- monality of ye Citty of Albany Send Greeting in our Lord God Everlasting. Know ye that for and in consideration of ye sum of three hundred an ninty pounds currant money of this province to them in hand paid, at and before ye ensealing and delivery hereof, by Doctor Godfredius Dellius, Minister of ye Reformed Nether Dutch Congrega- tional Dutch Church, Albany, a certain piece or parcel of land commonly called or known by ye name of Pasture, Situate, lying and being to ye Southward of ye said Citty, near ye place where ye Fort Stood, and extending along Hudson River till it comes over against ye most northerly point of ye Island, commonly called Marston Gerritsen's Island; having to ye east Hudson River, to ye south ye manor of Renslarewck, to ye west of highway leading to ye Towne, Ye pasture lots in ye occupation of Martin or Marston Geritsen, and

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HISTORY OF THE COUNTY OF ALBANY.

the pasture lot in ye occupation of Casper Jacobs, to the north of ye several pasture lots in ye occu- pation of Robert Sanders, Myndert Harmons and Evert Wendell, and ye Several Garden lots in ye Tenure and Occupation of Killian Van Rensselaer and Abraham Staats. Together with All and Singu- lar ye profits, commodities and appurtenances whatsoever to ye said Pasthur Piece or Parcel of land and Premises, or any part or parcel thereof Belonging or in any way appertaining to or with the same, now or at any time heretofore belonging or own'd, occupyed, enjoyed as part, parcell or mem- ber thereof, and All deeds, Evidences and writings Touching and Concerning the premises Only.

"TO HAVE AND TO HOLD ye said pasthur pece or parcell of land, and all and Singular of ye Premises, with their and every of their appurtenances unto the Said Godfredius Dellius, his heirs and assigns, to ye Sole and only Proper use, Benefit and Behoof of said Godfredius Dellius, his heirs and Assigns, for Ever; and ye said Mayor, Aldermen and Common- ality doth by these presents Covenant, Promise and Engage ye said pasthur piece or parcel of land so as the same is granted to them in the Charter dted ye 22d of July, 1686, with their and every of their Appurtenances, unto the said Doctor Godfredius Dellius, his Exutrs and Assigns, in his and their peaceable possession for Ever, from any grant or conveyance whatsoever made, or to be made, by said Mayor, Aldermen and Commonality, or their successors. In witness whereof, ye Mayor of ye sald Citty hath hereunto Set his hand and Caused ye Seal of said Citty to be hereunto affixed, and these pres- ents to be entered on our public record. Dated ye Ist day of November, 1687, in the 3ª year of ye Reign of our Sovereign Lord James ye Second, by ye Grace of God, of England Scotland, France and Ireland King, Defender of ye faith, Supreme and ye only ruler of ye Province of New York.

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 105

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452