Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 106

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 106

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" PETER SCHUYLER, Mayor."

It often occurred that the Common Council sold pieces and parcels of land at public auction; for instance, at a meeting of the Common Council held at Albany on the 11th of December, 1760, the following resolution was adopted:

" Resolved by this Board, That the Clerk put up Advertisements that a piece of land lying on the Gallows hill containing between 10 and 11 acres, as per Draft to be seen at the time of Sale, to be sold at Public Vendue on Saturday, the 20th day of this current month, by the Mayor, Aldermen and Commonalty at two o'clock in the afternoon at the City Hall in the City of Albany."

From the best authority we can find, Gallows Hill was south of the city as it was then laid out.

At a meeting of the Common Council held February 19, 1761, the following resolution was adopted:

"That Mr. John Bleecker make a survey of the land set forth in the petition of the Minister, Elders and Deacons of the Reformed Dutch Church of this city, leaving sufficient room for highways, for which this Board is to give a deed to said Minister, Elders

and Deacons, and their successors forever, for and in consideration of £50, current money of New York, and a reserve of {20 per annum for- ever." The tract of land thus sold contained fifty- three acres, the description of which is found in Bleecker's Survey.

By far the most important proceeding of the Common Council for the year 1762, was the grant made by it, to Abraham E. Wendell, of a tract of valuable land occupying what is now the heart of the city, known as the Wendell Patent, which is briefly described as follows:

"On the northwest side it was 1, 207 feet in a straight line; the southwesterly corner of the patent was located in the center of the block west of Eagle street, between Hamilton and Hudson streets; and the northeasterly corner, which was the end of the above mentioned straight line, ter- minated on the west side of Lodge street about 152 feet north of Howard street. The other lines of said patent are irregular, the southeast corner terminating in the center of Williams street, about fifty feet south of Beaver street. In following the southeast line, a bend and corner is located in the center of the block between Philip, Grand, Hud- son and Plain streets, the last remaining corner terminating about ninety-five feet east of Eagle on the north side of Hamilton. The greater portion of the land where the old Normal School building stands, belonged to the Wendell Patent."

The original map of this patent is now in the possession of the descendants of the original pat- entee, Abraham E. Wendell. It also appears, by distinct lines, on several early maps of the city. This was one of the early transfers of the real es- tate acquired by the Corporation of Albany to which we have referred.

On October 8, 1765, the Board resolved to pro- cure the ground where Fort Orange formerly stood, to be vested in the Crown, on which to erect store- houses, so long as the services of his Majesty might require.

Among the proceedings of the Common Coun- cil, held October 14, 1765, was one of peculiar interest, in regard to protection against fires, by way of keeping chimneys cleaned, etc. By ordi- nance it was provided that when any chimney should take fire in a dwelling-house the occupant forfeited forty shillings, and that whosoever of the City Guard should discover any accidental fire in dwell- ing-houses, out-houses or stables, or any other combustible matter, received for the discovery the sum of £3.

At a meeting of the Common Council, held No- vember 15, 1768, articles of agreement were en- tered into between the Mayor, Aldermen and Com- monalty of the City of Albany, of the one part, and Stephen Van Rensselaer, Esq., Lord of the Manor of Rensselaerwyck, in the County of Al- bany, known as the Patroon, of the second part, by which the party of the second part covenanted and agreed, to the said Mayor, Aldermen, etc., their successors and assignees, that he will, within three months of the date of letters-patent to be granted by the Crown, giving him the exclusive

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rights of all ferriages on Hudson River, in the County of Albany, between Bears' Island to the Cohoes, grant to the said Mayor and Commonalty the exclusive right to all ferriages and liberty of land- ing, passing and repassing, from the month of a certain creek, commonly known as DeVysele Kill, on the south of the city limits, to lands of H. Van Schack; with one acre of ground, to be taken by said Cor- poration in such position as it shall think most convenient to them, joining to and on the north bounds of John VanRensselaer

One of the offices under the Corporation was that known as the "Town Whipper," a very useful official. We find in the records of the Corpora- tion very frequent instances where he discharged the duties of his office upon criminals in a manner so exemplary and commendable, that he often re- ceived due recognition of his efforts-as in one case where Rick Van Toper, in 1762, was voted, by the Common Council, the sum of five shillings and sixpence, in addition to his regular fees, "for the due and wholesome manner in which he laid the lash upon the back of Tiberius Haines, who had been convicted of beating his wife in a most cruel and heartless manner.

At a meeting of the Common Council, held in the City of Albany, on the 30th of January, 1789. the following entry was made:

"The Corporation this day agreed with Benja- min Gable to be the town Whipper at the rate of {20 per annum for that service, and if the sheriff wants him to execute any person, he is to perform that service likewise, the sheriff paying him there- for."

On the 20th March, 1770, the Common Council agreed to let Thomas Lotteridge have the ferry lead- ing from Albany to Green Bush for three years, for thirty pounds per year, and to make a dock about 14 feet broad, for the convenience of persons and carriages going to or from the ferry-boats.

A very important and interesting question arose in the early part of Mayor Cuyler's administration, in 1770. Certain provisions in the charter of the city were construed by the Mayor and Aldermen in a manner that rendered them, ex officio, members of the Supreme Court, and members of the Court of Oyer and Terminer. But the right to a seat on the Bench with the Judges of those Courts was consid- ered doubtful, and was not insisted upon until Cuyler was appointed Mayor. He considered him- self a Magistrate, and the Board of Aldermen as, ex officio, members of these Courts. The term of the Supreme Court and the Court of Oyer and Termi- ner began its sittings at Albany on Monday, June 5, 1771, at 2 o'clock P. M. In the forenoon of that day, a meeting was held, and a resolution was adopted by the Board, appointing the Mayor and Aldermen Yates and Ten Broeck a committee to wait upon the Judges of the Supreme Court and Court of Oyer and Terminer, and inform them that the Mayor, Recorder and six Aldermen intended to sit as Judges in that Court, to be held that day in the City Hall; and that they claimed the right so to sit by virtue of the City Charter. The Judges listened complacently to the message of this com-

mittee, and they withdrew. In a short time the Mayor and Aldermen received a communication from the Judges, denying the right of those gentlemen to sit in a judicial capacity in these Courts, concluding with these words: "We can- not conceive that your City Charter can be so construed as to render this honorable Court a Mob, instead of a Bench of Judges with full consideration of their dignity and responsibility. We have therefore directed the Officers of the Court to prevent your taking your seats upon the Bench, in case you insist upon so doing."

This matter created no little excitement. The Mayor and Common Council still insisted upon their right to sit as judicial officers in the said Courts, but as it was peremptorily denied by the Judges of the Supreme Court, the Common Coun- cil decided to submit the matter to the colonial authorities in New York. Whereupon, at a meet- ing of the Common Council, held on the 14th of October, 1771, the following preamble and resolu- tion were adopted:

"Whereas, A point conceived to be of much con- sequence to the liberties and privileges of the peo- ple of the County and City of Albany, respecting the Right of the Mayor, Recorder and Aldermen of the City of Albany, by virtue of the Charter, to sit as judges in the Court of Oyer and Terminer, and general goal Delivery of the said County, has been lately agitated and drawn in question, and it is thought to be now a seasonable time to take the necessary measures for determining the matter and to empower a proper person of this Board to man- age and solicit the said business; therefore

Resolved, That Alderman Abm. Yates, Esq., be appointed, and he is hereby authorized and appointed accordingly to repair to New York with all convenient speed, and to take with him Charters and all other necessary Papers, to be dis- tributed and laid before the Council already retained by this Corporation on the subject; and he is hereby directed to follow such advise as he shall receive of them, in order to secure the Privilege aforesaid; and he is also further impowered to serch the Rec- ords, private and publick, at New York, and to take such copies and Abstracts therefrom as may be thought nsefull on this occasion, and for all his dis- bursements and Servises he is to be repaid and satisfied, and soon after his return he is to make report to this Board of his actings and doings herein."

We find no report of the result of Mr. Yates' mission to New York on this important matter. We infer, however, that he was unsuccessful, inas- much as we nowhere find in the records of the Colonial Supreme Court that the Mayor or any municipal officer of the city occupied the Bench of that Court. They were, however, members of the Court of Sessions of the City and County of Albany.

At a meeting of the Common Council, held September 27, 1773, Mr. Peter Yates was made a committee to revise, correct and amend the ordi- nances of the city, and Ebenezer Jessop received from the Common Council a grant of a piece of

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HISTORY OF THE COUNTY OF ALBANY.

vacant land covered with water, lying on the north side of the upper wharf, subject to a yearly rent charge of forty shillings.

On April 2, 1774, an ordinance was passed by the Common Council "for regulating the ferry between Albany and Greenbush ; for grading and paving the streets and for preventing nuisance ; for regulating the line of vessels at the Docks and Wharfs of the City ; for regulating carts and Cart- men ; for regulating the Public Markets ; against the profanation of the Lord's Day; for the better securing the City from the danger of Gun Powder; for the better preventing fire; to prevent accidents by fast and immoderate riding ; to prevent 'raf- fling ;' for regulating taverns ; for regulating the office of Chamberlain or Treasury; for the better regulation of Mid Wives."

We have already referred to a very important matter, that of the title which the municipality of Albany had to large portions of land in and about it, and have seen that the granting and selling these lands to various purchasers for many years formed a large part of the business of the Mayor and Com- mon Council. That, by the charter granted July 22, 1686, among other things, it gave the Mayor, Aldermen and Commonalty of the city the power to purchase, at their pleasure, 1, 000 acres of low or meadow land at Tionderoga, adjacent on both sides of the river, as the Mayor should think most convenient, and did grant and confirm unto the Mayor and Commonally, and to their successors forever, yielding and paying therefor yearly, for- ever, the annual quit-rent of a beaver skin on the 20th of March of each year.

Under this provision of the charter, several In- dians, in June, 1721, conveyed a tract of said land -eleven morgen-to Mr. Cuyler in fee, whose heirs on the 24th of April, 1769, obtained from the Corporation, for the consideration of £30, a conveyance releasing the same.

On the 7th July, 1730, some Indians conveyed ten or eleven morgen of said lands to Peter Brower, for the term of 999 years; who, on Novem- ber 29, 1734, conveyed the same to the Cor- poration; who, on the 27th of April, 1749, leased said land to Peter Brower for the term of 999 years, at the annual rent of one skipple of wheat for each morgen. Some other of the said lands were obtained from the Corporation for the same annual rents, leaving still the largest portion of the 1, 000 acre; the property of the Mayor and Commonalty of the City of Albany.

In 1779 the Indians had all removed from the said lands, and they were principally occupied by refugees and squatters from Cherry Valley and other parts. Therefore one of the great questions that occupied the attention of the Municipality of Albany, was to ascertain in what manner it could obtain possession of these lands and foreclose the claims of all subsequent incumbrances. The matter was finally referred to Peter W. Yates, Esq., for his opinion in regard to the matter.

Mr. Yates was a very able lawyer, and considered one of the best real estate lawyers of his time. His report, a very able legal document, was considered

conclusive in the matter. He advised the lands to be immediately surveyed; boundaries properly fixed and ascertained; the unpossessed lands should be immediately taken possession of and leased for a short term, with a special clause inserted, for the tenant peaceably to deliver up, at the end of the term, possession to the officers of the municipality, or its successors. This report decides that the charter of incorporation gives the Mayor, Aldermen and Commonalty, and their successors, an un- doubted estate, in fee-simple, in these lands, and that, although the Indian deeds referred to cannot stricto jure be considered as a part of the title, since those deeds were intended to purchase peace instead of property, yet it is a title paramount to any other claimant. As the lands are possessed by other per- sons who refuse to become tenants of the corpora- tion, he directs that action of ejectment shall be brought against them, to oust them of their assumed possession.

This report was coincided with by the Common Council, and other parties, and settled the question in regard to said lands.

In February, 1780, an important question came before the Common Council, in the consideration of surrendering part of the privilege granted by the charter to the city, and of applying for additional ones, and, on February 17th, the Board unanimously resolved to surrender certain privileges to the State, and to apply to the Legislature for additional privi- leges. For the purpose of carrying the resolution into execution, a committee of three was appointed to draw up the surrender and a petition for that purpose,

A very important change in some parts of the city charter was thus proposed, and was, as we shall see hereafter, carried into effect.

The titles to the lands acquired by the city, and granting them to purchases from time to time, form an important part of the property history of Albany. The city held title to some of the lands down to a late period, and a large part of the present owners of real estate in the city trace their titles to the corporation. Lots were often sold to pay city indebtedness, and the land transactions of Yates & McIntyre with the city are matters of such conspi- cuous record that no description is needed here.

At a meeting of the Common Council, held April 14, 1780, very important measures were adopted by the Board, tending to the improvement of cer- tain parts of the city. The following transcript is taken from the proceedings of the meeting, as a succinct history of the transactions:

"April 14. Whereas, this Board, on the third day of May, 1761, by release granted unto the Min- ister, Elders and Deacons of the Reformed Dutch Church, in the City of Albany, a certain tract of 153 acres of land lying northwest of the city, and did thereby reserve liberty and license for the Mayor, Aldermen and Commonality of this City, or the major part of them, and their successors forever, to lay out Roads and Streets thro' the above mentioned Lands, as they should see most convenient, and whereas, the said Minister, Elders and Deacons ap- plied this day for leave to lay out the said lands in

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MUNICIPAL HISTORY OF THE CITY OF ALBANY.

Lots, and allow Streets and Roads in such manner as they might conceive most proper for the term of 25 years. And, whereas, this Board are well con- vinced that no inconvenience can in that time arise to this City, and thereupon Resolve to grant the re- quest of the said Minister, Elders and Deacons, and it is hereby granted accordingly for the term afore- said."

It is a matter of history that the Common Coun- cil of the City were the owners in fee of large and valuable tracts of land at Schaghticoke, now in the County of Rensselaer, which lands were occupied by tenants who for some time refused to pay their rent, being incipient anti-renters.

On September 15th, it was resolved that a meet- ing of the Mayor, Aldermen, and Commonalty convene at Schaghticoke, on the 20th of Septem- ber, at the house of Johannes Knickerbaker, Jr., for the purpose of inquiring into and settling the matter of these rents. The Board met at the time and place referred to, and summoned before them the tenants, to learn their reasons for non- payment of rent due the Board. They made vari- ous excuses, most of them pretending that no rent was due. These excuses being regarded as in- valid and frivolous, Peter W. Yates and John Lan- sing, Jr., Counsellors-at-Law, were employed by the Common Council, and instructed to commence actions against all the tenants at Schaghticoke for the recovery of the rent then due, which was ac- cordingly done, and, after the appointment of Mayor Beeckman, a meeting was held January 30, 1784, at the City Hall, in the City of Albany. There were present at this meeting the Mayor; Aldermen Peter W. Yates, Thomas Hun, Peter W. Douw and Abraham Schuyler; Assistant Aldermen Richard Lush, Jacob G. Lansing and Mathew Vis- scher.

It will be remembered that the Common Coun- cil met at Schachticoke for the purpose of taking measures to compel the inhabitants of that town, occupants of the land belonging to the Corporation of Albany, to pay the rent due the city; that Peter W. Yates, Esq., was directed to commence actions against every tenant to recover this rent; that the tenants came forward and settled the matter by agreeing to pay the city the following winter the rent in wheat, each person delivering the quantity of wheat equal to the amount due. Under this agreement the suits were stayed, but a large number of tenants made default in the payment of the wheat.

At this meeting, held January 30th, the following resolution was adopted:

"Resolved, That Peter W. Yates, Esq., be di- rected immediately to write letters, as Attorney for the Corporation, to the tenants of this Board at Schachticoke, and who were lately prosecuted for non-payment of rent, acquainting them that unless they pay this winter the wheat stipulated in the agreement for the stay of the suits, they must de- pend upon being prosecuted .*

From the organization of the City Government in 1686, the Corporation received wheat and other grain from tenants-of which it had large num-

bers-in payment of rents ; consequently, the large storehouses of the Municipality were constantly filled with wheat and other grain. These store- houses and grain were in the custody of the City Chamberlain or Treasurer of the Corporation. This wheat was sold by the Treasurer, under the direction of the Corporation, to the citizens at very reasonable prices, and to the grain merchants, for shipping to New York and other places, at fair profits. During times of scarcity the quantity sold was restricted-particularly during the revolution; thus, in January, 1777, we find an order directing the Treasurer "to sell 100 skepels of the wheat belonging to the Corporation, at four shillings six- pence per skepel, to those persons who had demands on the Board. No person to have more than three skepels at a time."

On September 29, 1786, John Lansing, Jr., was appointed to succeed John J. Beeckman as Mayor of Albany, and entered upon the discharge of his duties in that office, January 6, 1787.

We have already stated that proceedings were taken to procure an act of the Legislature altering the Charter of the City of Albany, after its adoption by the city under State constitution. This matter created much discussion and opposition, and the passage of the act was delayed until March 21, 1787, when an "Act for altering the Charter rights of the City of Albany" passed both branches of the Legislature and became a law. Down to that period the Charter granted by King James, in 1686, continued to exist with a few changes incident to the State Constitution, down to the period of the passage of the act to which we have referred. By that charter the Mayor of the city had authority to grant licenses annually to all tavern keepers, victuallers and all public venders of wine. strong waters, cider, beer and every sort of liquor by retail. And that the Mayor was sole Coroner of the City and County; that he, with the Alder- men and Commonalty, should have the exclusive right to regulate the trade with the Indians. That the Mayor and any three or more of the Aldermen shall be the Common Council of the City. That a Court of Common Pleas shall be held once in every fortnight for the City of Albany, before the Mayor.

This authority was surrendered by the said act. The time for electing the Aldermen, Assistants and Chamberlain was changed to the last Tuesday of September in every year, instead of the time fixed by the Charter. Provisions were made to take ef- fect in case of the death of the Mayor. That in- stead of the Mayor acting as Coroner, as formerly, that officer was to be a citizen of said city.

These were the principal alterations made in the original Charter of 1686.

On June 21, 1799, during the mayoralty of Philip S. Van Rensselaer, a resolution was adopted by the Common Council, which shows the high regard and veneration in which the Sabbath was then held. The resolution was as follows:

" Resolved, That the Constables in this City be, and they are hereby required, on every Sunday

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HISTORY OF THE COUNTY OF ALBANY.

hereafter, to stop all manner of persons who shall be riding for pleasure, or who may expose any ar- ticles for sale on that day contrary to the Act for suppressing immorality; and that they report the names of aggressors, on every Monday morning to the Mayor or Recorder, to be proceeded against according to law."

There was a strong attempt made to enforce this ordinance, greatly to the disgust of pleasure seek- ers; but many a delightful ride and excursion was interrupted, and perhaps a pair of ardent lovers would be arrested, and the next morning dragged relentlessly before the Recorder to await condign punishment for desecrating the Sabbath. The scenes at the Court House on Monday morning were amusing, and often aggravating. But the strict enforcement of the law gradually wore away, so none but flagrant abuses of the Sabbath were punished.

An entry in the books of the Chamberlain, June 20, 1799, shows that the expense for lighting the city and for a night-watch, for the year ending June 1, 1799, amounted to {625 16s. At this time the city was lighted with whale or sperm oil.

The public revenue that year was £146 14s. 4d., leaving a debt against the city of £479 Is. 8d. For five years the expense for lighting the city and the night-watch had exceeded the revenue to the amount of $2, 110.88.

At this time the yellow fever was raging in the City of New York, and, under the recommendation of the Common Council, a collection was made in the Dutch Reformed Church on Sunday, June 19th, at each of the three services, for the relief of the sufferers of the plague, which amounted to $247. In the afternoon of the same day a collection was taken at St. Peter's Church and at the Presbyterian Churches for the same purpose. The amount at the former was $107.87, and the latter $201. The total contributions amounted to $555.87.

Early in July, 1799, a law was passed by the Common Council regulating "the assize of bread." The Common Council prepared a schedule for graduating the price of bread, and every baker detected in selling light bread subjected himself to a fine of one dollar for every loaf found to be light of weight. By this schedule, when wheat was 6s. per bushel, a loaf of bread of inspected wheat flour was to weigh 3 lbs. 1 oz. 8 dr., for 6d .; of common flour, 3 lbs. 11 ozs. 8 drs.

At 8d., 2 lbs. 5 ozs. o drs. and 2 lbs. 12 ozs. 8 drs.

Iod., I

12d., I

14d., I

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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 106

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