Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 69

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 69

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and forfeiture of the lands for non-payment. It was out of his power on absolute sale to make a conditional or defeasible estate or fee for non-pay- ment of rent, whatever the language of the convey- ances. There was no escaping or avoiding the force of the statute by any contract contrived or entered into by the parties to overthrow its effect. Its essence was explicit and might be put in the following language : "Individuals may lease their lands for life or lives, or for years, and attach thereto covenants and conditions for payment of rent, but they shall not do it if they sell their lands." Covenants and conditions are allowable between landlord and tenant, but impossible be- tween seller and purchaser of lands. So much, and just so much, was resolved and accomplished by the statute of quia emptores, in uprooting the feudal sys- tem ; and Mr. Van Rensselaer having sold, and not leased, his lands, was prohibited from burden- ing them with conditions for rent payments.

In deciding these cases, the Court of Appeals, as expressed in the opinion of Judge Denio, held that this statute-the statute of quia emptores-was always the law of the colony and that it had always been the law of the State; and as Mr. Van Rensse- laer had sold his lands, and not leased them, he brought himself within the principles of its pro- visions. His grantees became owners of the lands, and not tenants, and the relation of landlord and tenant never subsisted between him and them; and, therefore, it was impossible to put on the lands, when sold, conditions for the payment of rents. Any mind can see that such is the inevitable corol- lary from this decision.

It would seem to the common-sense mind that this announcement put an end judicially, not only to the Ball and Hayes cases, but to the anti-rent controversy as well. Not so, however. Judge Denio announced the judgment of the Court against Ball and Hayes upon the condition con- tained in the conveyances, as though it had been made between parties occupying the relation of landlord and tenant; and as though Ball and Hayes

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HISTORY OF THE COUNTY OF ALBANY.

were tenants and the manor proprietors and the purchasers of their interest were landlords; for he applied to the cases the remedies for the recovery of rent provided by the Revised Statutes by a land- lord against his tenant, on a term for years.

The state of the controversy now seems to be this : No landlord and tenant in law, but landlord and tenant to collect rents. -

THE PATROONS.

I .- KILLIAN, son of Hendrick and Maria (Pa- fraats) Van Rensselaer, pearl and diamond mer- chant of Amsterdam, Holland, was a man of character and substance, of ancient family, de- scended in the thirteenth generation from Henry Wolters Van Rensselaer. He was a director in the Dutch West India Company, of the Amsterdam Chamber, established in 1621, and was one of the foremost in availing himself of the advantages of the "Charter of Privileges and Exemptions, "' passed by the States General in 1629, for the en- couragement of Patroons to settle colonies in the New Netherlands. It does not appear that he ever saw the rich and extended territory, twenty- four miles up and down the Hudson and twenty- four miles on either side of that noble river, which came into his possession. But, by the aid of his co-directors and his agent, Wouter Van Twiller, and others, he gained lawful possession by extin- guishing the Indian titles, securing patents and ful- filling, as nearly as could then be done, the condi- tions as to colonial settlements on his vast acres, within the limited time. His patents gave him feudal honors and powers. He freely assisted his immigrant farmers with stock, tools, clothing, pro- visions and even money, until they got a fair start. He leased his lands on certain stipulated condi- tions, which do not seem very hard, and we have no evidence that he was, in any way, disposed to be oppressive. His policy was not to sell his lands, but to allow them to pass, according to the laws of primogeniture of that day, to the eldest son or heir, with all their privileges and exemptions and increased values. At first he reserved all rights in trade, including the trade in furs with the Indians; but these were so modified about r638, as to become open and free to all settlers. Many of them neglected farming and engaged in the more profitable fur trade. The Patroon also re- served all mines, which were never of value in this county; and all mill privileges, which he improved by erecting grain and lumber-mills, of great utility to himself and the settlers.

Killian married, first, Hillegonda Van Bylet, by whom he had one son, John or Johannes. For his second wife, he married Anna Van Wely, by whom he had eight children, viz .: 1, Maria; 2, Jeremias, who married Maria Van Cortlandt; 3, Hillegonda; 4, Jan or John Baptiste, who married Susan Van Wely; 5, Eleanora; 6, Susan, who married Jan de la Court; 7, Nicolaus or Nicholas, who married Alida Schuyler; 8, Ryckert or Rich- ard, who married Anna Van Beaumont. Killian died in 1646, without sight of the promised land, and was succeeded by

II .- JOHN or JOHANNES, his eldest son, then a minor. We find some mention of him in certain official or business papers, but learn of nothing done by him, except that he married his cousin, Elizabeth Van Twiller, and had a son named Kil- lian, who died early and without issue. He never came to Rensselaerwyck. The plucky Brant Van Schlechtenhorst had charge of his interests in the manor about six years, until 1652, when he was succeeded by Patroon John's brother, Jan Bap- tiste, as director.

In 1658, JEREMIAS succeeded his brother, Jan Baptiste, as director, and finally became proprietor. He held his position sixteen years, until his death, October 12, 1674. He is reported to have been a man of learning for his times, and much wisdom. He discharged his trust with great acceptance to all who were immediately interested. The contest for rights claimed by Governor Stuyvesant, the di- rector of the West India Company, is discussed in the chapter entitled Rensselaerwyck and Beverwyck, pp. 49-67.

When, in almost the last extremity, under the Stuyvesant dynasty, a General Assembly of dele- gates from all the towns and colonies was called, to meet at New Amsterdam, in the City Hall, April 10, 1664, Rensselaerwyck was represented by Jere- mias Van Rensselaer and Dirck Van Schelluyne, and Fort Orange by Jan Verbeeck and Gerrit Schlech- tenhorst. Van Rensselaer was made president of this convention of twenty-two members. It adjourned without giving any support to Stuyvesant and the West India Company.

When Fort Orange surrendered to the English, on demand, September 24, 1664, and was named Fort Albany, Jeremias Van Rensselaer peaceably took the oath of allegiance to Charles II and James, Duke of York and Albany. No change was then made by the English proprietor James, as to the rights and privileges of the lord of the manor of Rensselaerwyck.

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Jeremias, two years before this, July 12, 1662, had married Maria Van Cortlandt, who survived him fifteen years. She died January 29, 1689. They had two sons: Killian, born August 24, 1663, and Hendrick, born October 23, 1667. This family had its home in Greenbush. When Jeremias died, October 12, 1674, his eldest son was in his twelfth year, and as eldest surviving male descendant in the line of Patroons of his generation, was the heir ap- parent to the manor. Jan Baptiste, who returned to Holland and died in 1678, had released all his rights in the manor to this Killian. The heirs of the original co-directors of the first Patroon Killian, had sold their claims. Nicholas, the clergyman, who came over from Amsterdam in 1675, and Richard, who came soon after, succeeded their brothers, Jan Baptiste and Jeremias, as directors of the manor during the minority of their nephew, the heir to Rensselaerwyck. Madam Van Rensse- laer acted as treasurer of this colonie, and her brother, Stephen Van Cortlandt, had charge of the books.

III. - KILLIAN, son of Jeremias, born August 24, 1663, was the first Patroon who resided in the manor. His house was probably situated near where the Patroons have ever since resided. He came to his trust in 1684, and held it during those troublous times, so far as we can learn, with much discretion and approbation. The patent was con- firmed to him by the Duke of York, October 17, 1685, and reconfirmed by Queen Anne, May 20, 1704. Before this time, Jeremias had represented to the English government that the manor included Fort Orange and vicinity, territory which Stuyve- sant had claimed as belonging to the Dutch West India Company, and had forcibly seized, set-off, and held by military possession. It was his request that the government look into the matter and restore to the Patroon his territorial rights. The decision of the English crown "upon a perusal of the Ranslaer's papers," was in favor of the claim of the Patroon, "that it did belong to them." The injustice and arrogance of Stuyvesant was discov- ered. Says Gov. Dongan, "The town of Albany lyes within the Ranslaer's colony." "They settled the place." Orders were issued to put the Patroon in possession of Albany, and conditions of rent were fixed "that every house should pay, some two beavers-some more, some less, accord- ing to their dimensions-per annum, for twenty years, and afterwards the Ranssalears to put what rent upon them they could agree for." These orders were placed in the hands of Gov. Andros, but not put in execution. When the honest Don-

gan became governor of the province the orders were brought to him. He frankly declined putting them in execution for this very sensible reason: " I thought it not convenient to execute, judging it not for his majesty's interest that the second town in the government, and which brings his majesty so great a revenue, should be in the hands of any particular men." But, wishing justice and peace, he adds: "By meanes of Mr. James Graham, Judge Palmer and Mr. Cortlandt, that have great influence on that people, I got the Ranslaers to release their pretense to the town and sixteen miles into the country for commons to the King, with the liberty to cut firewood within the colony for one and twenty years. After I had obtained this release of the Ranslaers I passed the patent for Albany." Albany received its charter July 22, 1686, and thus early was it done because of the magnanimous generosity of the Van Rensselaers and the sagacity of Gov. Thomas Dongan.

Killian II, probably, came in possession as sole proprietor and lord of the manor on attaining his majority in 1684. He conveyed to his brother Hendrick, June 1, 1704, a few days after his patent was fully confirmed by Queen Anne, all of Claverack or the lower manor, and 1, 500 acres of the upper manor, including an island in the Hud- son, and Greenbush running back one mile. He seems to have been a man of public trust and in- fluence. In 1693 he was Captain of a troop of horse and Justice of the Peace. During the time of Leisler he was strenuously opposed to his govern- ment, and went as delegate to Connecticut to secure military aid in the troubles that threatened Albany. From 1691 to 1703 he represented Rensselaerwyck in the Provincial Assembly, and was a member of the Council from 1704 to 1719. The important office of Indian Commissioner was held by him from 1706 to 1720.

His will, made in 1718, was proved May 10, 1720, probably soon after the date of his decease, at the age of 57. He married Maria Van Cortlandt, October 15, 1701, by whom he had nine children, six of whom survived him. From him and his brother Hendrick, of Greenbush, who married Catharine Van Brugh, came all the blood of the Van Rensselaers in this country.

IV .- STEPHEN I, son of Killian and Maria (Van Cortlandt) Van Rensselaer, was born March 23, 1707. He became Patroon in 1728, eight years after the death of his father, and married Elizabeth Groesbeck, July 5, 1729. They had six children, be- sides others that died in early infancy. Among these were Elizabeth, born July 12, 1734, who became,

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in 1753, the wife of that eminent man, Gen. Abra- ham Ten Broeck, and Stephen, who succeeded his father. Of Stephen I we find no record of public office, except that of Indian Commissioner in 1745. He was seemingly a modest, quiet man, faithfully devoted to the interests of his princely territory. He was buried at the Mills, July 1, 1747, at the age of 40. His wife, Elizabeth, was buried December 31, 1756.

V .- STEPHEN II, son of Stephen and Elizabeth, was born June 2, 1742, and came to his manorial trust in 1763. His health was feeble and his life was short. He died of pulmonary disease in 1769, at the age of 27. January 23, 1764, he married Catharine, daughter of Philip Livingston, the Albany signer of the Declaration of Independence. One daughter and two illustrious sons were the fruit of this marriage : Stephen, the sixth Patroon, and Philip Schuyler, born April 15, 1756. Philip S. held many important trusts, among which was that of Mayor of Albany for nineteen years, from 1799 to 1816, and 1819 to 1821. In 1765, that grand old structure, the present manor-house, so long the abode of plenty, refinement, intelligence and hospitality, was erected by Stephen II. It took the place of a building situated near by, which had, for many years, been the family home of the patroons, and was so arranged as to serve the Pur- pose of a fortress as well as of a dwelling. His widow, Catharine, married, in 1775, Rev. Dr. Eilardus Westerlo, for many years pastor of the First Dutch Reformed Church. He died in 1790.

VI .- STEPHEN III, son of Stephen and Catha- rine (Livingston) Van Rensselaer, was born No- vember 1, 1764. At the age of five years he was an orphan. Gen. Ten Broeck, his uncle by mar- riage, was his guardian during his minority. Dur- ing some of his early years he was under the super- vision and direction of his talented and accom- plished mother, whose influence did much to give bent to his life in those elements of religions faith and regard for holy things which always marked his character. His school-days were spent in the school of John Waters, near his home; afterward in Elizabethtown, N. J .; and then in Kingston Academy, where he made preparation for college. One year he spent at Princeton, and then entered Harvard College, where he graduated in 1782. In 1825, Yale conferred upon him the degree of LL. D. Before he was 20, he married Margaret, daughter of Gen. Philip Schuyler, who became the mother of three children, and died March 7, 1801. In May, 1802, he married Cornelia Patterson, of New Jersey, who died August 6, 1844, having

given him nine children, four only of whom sur- vived him. His death occurred January 26, 1839, at the age of 75 years. His life was truly full of years and honors, distinguished by usefulness, good examples, public confidence, and the affection of all that best knew him. From his earliest man- hood he was a devont and consistent Christian, in the communion of the church of his fatherland and of his fathers. He was a sublime moralist; a pa- tron of learning; a friend of the poor; a kind neighbor; a public-spirited citizen, and an unflinch- ing patriot. He was born under a king; by in- heritance a feudal lord of vast wealth; a pro- nounced advocate of the federal constitution that succeeded the war of revolution, and a zealous poli- tician of the Washington, Adams, Jay and Hamil- ton school; which, with all its mistakes, was the purest and most intelligent party that ever had a name in our political history.

His policy as a land-holder was to dispose of his large landed estate to actual tillers of the soil. He adopted the plan of offering what were called leases in fee, and at what was considered moderate rent. In this way he succeeded in bringing most of his lands, situated in Albany and Rensselaer Counties, into cultivation. These brought him a good income.

"He had none of that morbid appetite for wealth which grows ravenous by what it feeds on." Nor could he "bring himself to feel and indulge that passion for profit and gain which consumed those around him." Hence, he was a kind, in- dulgent man with the farmers, whom he regarded as his tenants. He had no schemes for making larger profits, none for mere speculation. He made no change of policy for such purpose. He was always giving to the poor; always forgiving their dues to the unfortunate; always helpful in pro- viding good schools and promoting religious in- struction among the manorial farmers. The peo- ple all loved him, and often called him "the good Patroon," or "the good old Patroon," as he came to venerable age.

But onr space will allow us to name the honora- ble positions of trust which he held, and scarcely more-positions held to adorn by his character and benefit by his influence. In military life, for which he had no special fondness, he was made a Major in 1786, a Colonel in 1788, and Major-General of cavalry in 1801. As is well known, he reluctantly took command of the militia, as Major-General in the northern department, in the war of 1812, from motives of patriotism and public policy. He was appointed by Governor Tompkins, and did heroic

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service at Queenstown and elsewhere. In polit- ical life, he was Member of the Assembly in 1789, 1808, 1810 and 1818; of the Senate, from 1791 to 1795; of the Constitutional Convention of 1801 and 1821. He was Lieutenant-Governor, 1796 to 1802; Member of the Council of Appointment in 1792; and of the United States House of Representatives from 1823 to 1829. In 1801, he was the candidate of the Federalists against George Clinton for Governor of the State, and in 1813, against D. D. Tompkins, with a very strong vote. In literature, he was trustee and benefactor of local schools and acade- T

mies; President of the Albany Institute from 1824 to 1839; a Regent of the University from 1819; and Chancellor from 1835 until his death in 1839. He was on the Erie Canal Commission from 1810, and President of the Canal Board fifteen years. He was one of the founders of the New York State Agricultural Society, and its first President. In Masonry he became Master of the Grand Lodge of the State. In the early banking and railroad move- ments, and other matters of public improvement, he was among the foremost. The Rensselaer Poly- technic Institute, Troy, was founded by him; and he was a constant patron of literature and literary men.

When he died, none ever had a simpler funeral. It was his own request. His body was borne to the tomb of his fathers on men's shoulders. The family mourners and the citizens that knew him and loved him so well, followed from the North Dutch Church to his last resting place on foot. There was no parade, no ostentation of any kind. Albany never buried a man who was loved more sincerely or mourned more sorrowfully. In many ways he was a great man; in all ways he was, what is better, a good man.

His estate, under the United States Constitution and the laws of 1787, could not descend to the oldest son. The last Patroon died with him. His landed interests were divided between his sons Stephen and William Patterson, the Albany County lands going to the former; those of Rensselaer County to the latter.

VII .- STEPHEN IV, only son of Stephen and Margaret (Schuyler) Van Rensselaer, was born March 29, 1789. He had possession of the man- sion, and was usually called, by courtesy or cus- tom, "the young Patroon." He married Harriet E. Bayard, of New York, and had eight children, six of whom survived him. His death occurred May 25, 1868, in his eightieth year. He never sought official honors, but lived a quiet and unob- trusive life. He was interested in many charitable

objects, and a liberal giver. In the church of his fathers, of which he was a prominent member and officer, he was always valued. He was called Gen- eral, a title which belonged to him as an officer of that rank in the State militia. The anti-rent con- troversy, described by Mr. Colvin, broke out and raged in his time.

WILLIAM PATTERSON, oldest son of Stephen and Cornelia (Patterson) Van Rensselaer, was born March 6, 1805, and occupied for a time, his lands in Rensselaer County. He built what is now called Forbes Manor for his residence; but never occupied it. He resided, for a while, in the build- ing in Albany now converted into St. Peter's Hos- pital, and after his financial affairs became compli- cated, he made his residence in and near New York City, the rest of his life.

Thus closes our brief history of the Patroons- men who held that title for about 238 years, and whose relationship to the landed interests, to the business interests, and, indeed, to every interest in this county, was peculiar and lasting. Taking all in all, they and their descendants generally deserve to be spoken of with respectful consideration, some of them with distinguished gratitude and praise.

THE HENDRICK VAN RENSSELAER BRANCH.

Many of the descendants of Hendrick, the sec- ond son of Jeremias, and brother of Patroon Killian, deserve place in our history, as persons who have led lives of eminent usefulness and honor. We only wish we had space to render them the honor they deserve. Among them we may name, as especially eminent, Colonel Kill- ian, son of Hendrick, who was once Chairman of the Committee of Safety. He had four distin- guished sons, General Henry K., a brave revolu- tionary officer, who was crippled for life by wounds received in battle at Fort Ann, July 8, 1777; Col. Philip, who was for many years Commissary of Military Stores in the northern department, and who built the Cherry Hill Mansion, and died there in 1798; Colonel Nicholas, who was one of Gen- eral Montgomery's aids at the storming of Quebec, December 31, 1775, and was afterwards aid to General Schuyler, and fought at Ticonderoga, Fort Miller, Fort Ann and Bemis Heights. He it was who bore the news of Burgoyne's defeat to Al- bany, October 17, 1777. Another son, Killian K., was an eminent lawyer in Albany, and repre- sented the County in United States Congress, ten years, from 1801-1811. General Solomon, son of General Henry K., was one of the bravest of patri-

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otic men, and an eminent civilian. He fought the Indians at Maumee with Wayne and Harrison in the Northwest, and was also at the battle of Queens- town as aid to General Stephen. In both battles he was seriously wounded. He was for sixteen years Adjutant-General of the State; four years in the United States Congress, and many years Postmas- ter of Albany. His brother, Killian H., was a Lieutenant in the United States Navy. Jeremiah, Hendrick and John B., represented Rensselaer- wyck in the colonial assemblies, filling up the thirty-five years between 1726 and 1761. Another Jeremiah, son of John, was Lieutenant-Governor of the State from 1801 to 1810. John S. was a brave soldier in the war of 1812. Robert was a delegate to the Provincial Congress in 1775-77- Colonel James was one of Montgomery's aids at Quebec; and many others of this branch filled up the measure of good citizenship.

FEMALES OF THE FAMILY .- Three distinguished patriots of the revolution married Van Rensselaer daughters : General Philip Schuyler married Cat- rina, daughter of John; General Abraham Ten Broeck, Elizabeth, daughter of Stephen, the fourth Patroon; and General Leonard Gansevoort, Maria, daughter of Colonel Killian. Mrs. Catharine Viss- cher, youngest daughter of General Solomon, and widow of Rev. Samuel W. Bonney, author of

"Legacy of Historical Gleanings," and now Presi- dent of Claremont College, Catawba County, N. C., deserves special mention here, as a lady of exalted worth and fine accomplishments. The female members of the Van Rensselaer family with very few exceptions, make a long list of excellent daugh- ters, wives and mothers, ornaments to their name and their sex.

REPRESENTATION. - Rensselaerwyck had a repre- sentation in the colonial assemblies, separate from Albany, from April 9, 1691 to April 3, 1775, a period of eighty-four years. The representatives were: 1691 to 1704, Killian Van Rensselaer; 1701-2 and 1715-26, Andries Coeymans ; 1703-4, An- dries Douw; 1705-14, Hendrick Van Rensselaer; 1726-43, Jeremiah Van Rensselaer; 1743-61, John B. Van Rensselaer; 1761-75, Abraham Ten Broeck.

It is worthy of remark that all the members of this wealthy and aristocratic family were always found on the side of popular liberty. As citizens, they voted on that side; as civil officers, they con- tended for it even when in a minority and against the English crown; as soldiers, they bravely fought for it and generously spent of their wealth for it. And yet they must have known that a simple rep- resentative free government would, as it did, at once abridge and finally destroy their feudal de- scended rights and powers.

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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 69

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