USA > New York > Delaware County > Delaware County, New York, history of the century, 1797-1897, centennial celebration, June 9 and 10, 1897 > Part 18
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Sheriff Moore and Mr. Wright arrived at the premises about ten o'clock. There were present already a considerable number of
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spectators. Mr. Wright sought an interview with Mr. Earle and proposed a settlement of the matter without a sale. But he de- clined and replied, "You must go ahead, I shall fight to the hardest." About eleven o'clock, Mr. Wright says in his evidence afterward given, a small body of disguised Indians crossed the road and went through the pasture where the cattle which were to be sold were gathered, and thence entered the woods. Afterwards other bodies of Indians made their appearance, until it was believed that more than two hundred were present disguised and armed.
About 1 o'clock one hundred or more of the Indians marched single file out of their ambuscade and took their place in the pasture. Mr. Wright was near enough to hold some conversation with them. He called ont to them that, "they were all there to break the law." They answered. "Damn the law, we are here to break it." He was told by the Indians that if he dared to bid on the property, he would go home to Delhi in a wagon feet foremost. A pail of whiskey was brought out from Mr. Earl's house and car- ried along the line, from which the Indians drank.
Officers Steele and Edgerton came to the farm about 2 o'clock on horseback. The Sheriff then announced that the sale would be begun, and started with two or three citizens to drive up the cattle which were to be sold. They were driven to a pair of bars opening into the road; but the Indians stopped them from going through. They formed themselves into a hollow square, enclosing the sheriff, the cattle, Mr. Steele and Mr. Edgerton on horseback, and Mr. Wright.
It was at this supreme moment, when all the parties were in a state of the greatest excitement, that an order was heard from the chief of the Indians, "Shoot the horses"; and a moment later another shout from an uncertain quarter, "Shoot him, shoot him." A volley was at once fired and blood was seen to flow from Edgerton's horse. A few seconds later another volley was fired, and Steele fell bleeding from his horse. Three balls had pierced him, besides others which had entered his clothing.
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Both the horses died from their wounds. Sheriff Moore appealed to the Indians, "For God's sake desist, you have done enough." Steele was carried into Mr. Earle's house, and Drs. Peake and Calhoun were summoned to his aid from the village of Andes which is about three miles distant. Three serious wounds were found upon him: One in his arm, another in his breast, and a third which entered at his back and came out through his bowels. He lingered five or six hours in great agony and then died. While lying in his suffering he is said to have told Mr. Earle that if he had agreed to a settlement this morning, he would not have been shot. Earle replied that he would not settle if it cost forty lives .*
There was also a question raised at the trials which followed, whether Steele had fired upon the Indians before he was fired upon. It was understood that upon his deathbed he acknowl- edged having fired his revolver after he had received the wound in his arm. The pistol was subsequently picked up and was presented at the trials. The condition of the barrels showed that it had not been fired except as stated by Steele. Neither the sheriff, Mr. Edgerton nor Mr. Wright fired their pistols.t
The fatal termination of this affair aroused the greatest excite- ment, not only throughout Delaware county, but throughout the State. Newspapers denounced the mad violence which had resulted in the death of an officer in the performance of his duty. Every where meetings were held by the friends of the anti-rent movement protesting against the injustice of charging this criminal folly against anti-renters. Nothing could have happened which would
* It is fair to state that Dr. Calhoun who was present at Steele's death, denies the accuracy of this statement. He says that Earle's answer was, "If they will show me their title I will pay every eent of rent; but if they mean to bully me out of it, I will not pay if it costs forty lives."
+ There can be no doubt that there was a special hatred against Steele among the disguised Indians present at Earle's sale. He had been the most active of the Sheriff's officers in searching for and arresting the dis- guised men. The fatal shots which were poured into him, and into no others, were unquestionably fired by some of his vietims or their friends.
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tend to deprive a cause, which many deemed a good cause, so completely of the sympathy to which it might be entitled.
Governor Silas Wright at once offered a reward of $500 for the arrest of Warren W. Seudder, who was believed to have been in command of the Indians at Earl's sale. Sheriff Moore also offered a reward of $300 for the apprehension of Seudder, and $200 for the apprehension of William Bartlett. The Sheriff with an armed posse scoured the county, searching for those who could be shown to have been engaged in any way in this fatal affair. On August 27th Governor Wright issued a proclamation, declaring Delaware county in a state of insurrection, and ordering thither a sufficient military force for the preservation of order and the guarding of arrested prisoners. Two companies of volunteers were summoned from the towns in the south and west of the county, where no lease land nor anti-rent sentiment was to be found. Colonel Marvin of Walton commanded these troops, one hundred of whom were mounted and were used to escort the Sheriff and his officers in making the needful arrests. The jail was so filled with prisoners awaiting trial, that the Sheriff was obliged to build a temporary structure in order to provide room for them.
The trial of the persons charged with complicity in the death of Steele was conducted in the Circuit Court held by Judge Amasa J. Parker, beginning August 22, 1845. It was a most trying ordeal through which he was obliged to pass. He had resided for many years in Delhi, and there had begun his brilliant legal carcer. Many of the persons who now appeared before him for trial were known to him, and their present critical positions must have deeply touched the sensibilities of his nature. It may safely be said that no person in any way connected with these trying events exerted a more benign influence than Judge Parker in putting an end forever to the methods of violence which had sprung up in this sober and conservative community. The arraignment and conviction of so many prisoners seem like a barbarous and unnecessary cruelty. But such an experience was necessary to convince them
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of the danger and futility of trifling with the execution of the laws.
The District Attorney who conducted these trials was Jonas M. Hughston, and he was assisted by John Van Buren then the Attorney General, and by Samuel Sherwood as special counsel. The counsel for the prisoners were Samuel Gordon and Amasa Parker an uncle of the presiding Judge, both residents of Delhi. The results of these trials, which continued into October, may be summarized as follows:
No evidence was presented which made it certain that any of the prisoners had fired the fatal shots. The nearest approach to this was in the trial of John Van Steenburg, in regard to whom it was testified that he asked to borrow a ramrod in order to re-load his gun. On this evidence he was convicted of murder. In the case of Edward O'Conner it was proved that he was present at Earl's sale, disguised and armed, and that he probably discharged his gun. On the technical ground that he was present disguised. armed and aided as a subordinate Chief of the Indians, he also was convicted of murder. It was proved that the Commander of the disguised Indians at Earl's was Warren W. Scudder of Roxbury. And although a reward was offered for his capture he was not arrested and probably had left the State.
The list of convictions and punishments is as here given:
1. John Van Steenburg and Edward O'Connor, found guilty of murder and sentenced to be hung, November 29, 1845.
2. Daniel W. Squires. Moses Earle, Zera Preston and Daniel Northrup, indicted for murder, pleaded guilty of manslaughter in the first degree, and sentenced to State prison for life.
3. John Phoenix, John Burch, John Latham, William Reside, and Isaac L. Burhans, indicted for murder; pleaded guilty of manslaughter in the first degree and sentenced to State prison for seven years.
4. Caleb Madison, samo as above except sentenced to State prison for ten years.
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5. William Brisbane, found guilty of manslaughter in the second degree and sentenced to State prison for seven years. ( He was a professional lecturer and was present at the sale un- disguised.)
6. Charles T. MeCumber, found guilty of robbery in the second degree; sentenced to State prison for seven years.
7. William Jocelyn, found guilty of manslaughter in the second degree; sentenced to State prison for two years.
S. Thirty persons pleaded guilty and were fined sums between $500 and $25.
9. Thirty-nine persons pleaded guilty and their sentences were suspended.
The following is a summary of the punishments meted out to the persons convicted or who pleaded guilty:
2 to be hung.
manslaughter, first degree, life imprisonment.
1 manslaughter, first degree, 10 years' imprisonment.
5 manslaughter, first degree, 7 years' imprisonment.
manslaughter, second degree, 7 years' imprisonment.
1 manslaughter, fourth degree, 2 years' imprisonment.
30 tined sums varying between $500 and $25.
39 sentences suspended.
total sentenced.
This number did not include either the leading chiefs of the Iulians, or those who could be proved to have fired upon Steele. These had early escaped from the country or had managed to olude detection.
The sentence of death which had been passed upon Van Steenburg and O'Connor was felt under the circumstances to be unnecessarily sovere. Governor Wright therefore promptly com- muted their sentences to imprisonment for life.
They as well as the large number of other prisoners were conveyed to the State prison at Sing Sing, where they remained till pardoned.
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HISTORY OF DELAWARE COUNTY.
The excitement in Delaware county after these trials and convictions rapidly subsided; so that on the 18th of the follow- ing December the Governor deemed it safe to withdraw the proclamation declaring the county in a state of insurrection. The troops which had been employed to guard the public build- ings at Delhi were ordered home; and soon everything resumed its ordinary peaceful routine. For a long time however a very bitter feeling * prevailed as to the harshness and severity with which the Anti-renters had been treated in these trials.
The expenses of this insurrection, which were paid by the State and afterwards charged to Delaware county, were $63,- 683.20. It is said that this sum has never been repaid by the county, and will not probably now be called for.
It is unnecessary to go into the details of the measures which were taken to remedy the evils of which the anti-renters com- plained. It was plain that the remedies to be hereafter applied must no longer partake of violence and lawlessness. The gover- nor in his message to the legislature made several important recommendations, and the legislature gave a good degree of attention to measures of amelioration. The chairman of the special committee in the Assembly was Hon. Samuel J. Tilden, and it is to his earnest and liberal efforts that material amend- ments were made to the laws. Mr. Tilden in an elaborate report gives these weighty conclusions reached by his committee con- cerning the anti-rent questions: 1. Leasehold tenures have exerted an unfavorable influence wherever they have prevailed. 2. The easy terms at first required seem a great benefit to the tenant, but afterward are often misleading and dangerous. 3. The proprietorshlp of land is natural and exhilirating to the
* Years after the period of these trials, a relative of one of the officers who attended Earle's sale, was running for member of Assembly. He be- longed to the dominant party in his district and had no doubt about his election. To his amazement he found himself overwhelmed in an ignomin- ions defeat. The cause was subsequently found to be that he had sorved on the Sheriff's posse in the old anti-rent times and assisted in making some of the arrests.
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human mund and has a vast influence in securing the prosperity of growing communities. 4. The restraints inserted in the old lenses to the alienation of land are a serious impediment to the development of leaschold properties. The more enterprising set- tlers are kept out and the steady making of improvements on farms is discouraged. 5. It is reasonable and fair that the interest of the landlord in the farms, of which the annual rent is the measure should pay its equitable part of the taxes assessed for State and local purposes.
Besides the laws enacted, the constitutional convention of 1846 inserted several important clauses bearing upon the ques- tions of land tenure. Thus Section 14 provides that no lease or grant of agrienltural land for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind shall be valid. Section 15 provides that all fines, quarter sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be valid.
In the election which was held in the autumn of 1846 the anti-rent vote was cast in favor of John Young for governor and in consequence he was elected. In January 1847 a few weeks after he took office, Governor Young issued a proclamit- tion pardoning all the anti-rent prisoners remaining in the State prison. There was some complaint against this wholesale pardon. but the governor in his proclamation made a calm and judicial statement of his reasons; and the consequences which followed his action have seemed to justify his views. Enough had been done to show that the questions at issue were not such as could be settled by violent resistance to law. The period of legislation and of appeal to courts of law had now come and this phase of the question was destined to continue many years. Passing over this legal struggle we have a few words to say about their effects on the natural relation of landlord and tenant.
The agitation which had so long continued over payments of
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rent, and the laws which had been enacted, usually in the interest of the tenants, rendered the landlords wary of the situation. The Van Rensselaer landlords especially became heartily tired and dis- conraged over the continual resistance which they met with in the collection of their rents. First they made propositions to sell the fee-simple to the tenants on more liberal terms than had before been offered. Many of the tenants being equally weary of the long contest took advantage of the depression in the value of the land- lord's holdings and bought their farms outright. Finally the Van Rensselaer family, which had been landholders for more than two hundred years, sold out all the leases which remained and ceased to be the greatest landlords in our country.
In Delaware county where the tenants had received such a severe lesson concerning the payment of rent, they were ready to meet their landlords more than half way in settling this burning question. In some cases the landlords sold their rights to new parties, who were ready to arrange with the tenants for the pur- chase of the fee-simple. Usually the new purchasers, having acquired their properties at a trifling valuation, were ready to bargain with the tenants at easy rates.
In the report which Mr. Tilden made to the Assembly in 1846 be made an approximate estimate of the amount of land under lease. Thus:
In Albany county there were 1,397 leasebold farms comprising 233,900 acres.
In Rensselaer county there were 1,666 leasehold farms compris- ing 202,100 acres. In another account referring to the same date the following statement is made: Nearly one-half of Rensselaer county was covered with leases; the greater part of Columbia county; a large part of Delaware county; and about two-thirds of Albany county.
To show what changes had been made in rented farms up to the year 1880, we refer to the U. S. Census as cited in Professor Che- ney's pamphlet on Anti-Rent Agitation ( Philadelphia 1887 ).
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Albany County 3,325 farms, 690 on lease.
Columbia County.
3.825 farms. 735 on lease.
Delaware County
5,264 farms, 688 on lease.
It appears from these statisties that leases in 1880 covered about 123 per cent. of the farms. This is a proportion not greater than in other counties of New York or in New England. They show that the anti-rent question, which for a time stirred this peaceful county to its very depths, has passed away and become a matter of history, like the Mexican war with which it was con- temporaneons.
Sources of Information.
1. Files of the Albany Frecholder.
2. Files of the Delaware Gazette.
3. Records of the Clerk of Delaware County.
1. Legislative Documents of the State of New York.
5. Session Laws of the State of New York.
6. A. J. Weise's History of Albany.
7. History of Albany County.
». History of Rensselaer County.
9. Ilistory of Columbia County.
10. Jay Gould's History of Delaware County.
11. Brodhead's History of New York.
12. Hough's Gazetteer of New York, 1872.
13. The Anti-Rent Agitation : By Professor Cheney, Philadelphia 1887.
11. Anti-Rent Disturbances : By D. D. Barnard, American Whig Review, II : 577.
15. Sketch of Auson Bingham : By A. J. Colvin, Albany, 1882.
10. Manor of Rensselaerwyck : By C: Pepper, 18#i.
17. Mrs. J. V. L. Pruyn : Memoranda of her father, Hon. A. J. Parker.
1>. Mrs. William Youmans : Serap book kept by her husband. Hon. William Youmans.
19. Hon. Martin I. Townsend of Troy : Personal Recollections.
20. Hon. Verplanck Colvin : Memoranda of his father, Ion. A. J. Colvin.
21. Professor J. M. Vincent. Johns Hopkins University : Letter of Judge John Martin of Columbia County concerning Anti-Rent disturbances, IS45.
22. John A. Parshall. Esq. . Personal Recollections.
23. Robert Murray, Esq. : Personal Recollections.
21. The Author is also indebted to Mr. David Murray, Jr. for searches made at the Library of the New York Bar Association in the Session Law- and the Legislative Documents of the State of New York, and in the New York Roports.
The Anti-Rent "Andes Tragedy."
T HE following is a sketch of the sale at which Deputy-Sheriff Osman N. Steele was shot, as prepared by the late Hon. Richard Morse of Andes, and endorsed by others who were present. This account is printed here because it is accepted by many as correct, and was written after the bitter feeling of the anti-renters had passed away and by one not directly interested. Mr. Morse says:
"The history of any important event should be a correct narration of the facts and circumstances surrounding the event, so that the student of history may not be misled in his con- clusions. History is generally made up of traditions and these are usually colored by the feelings and sympathies of the nar- rator, and no better proof of the truth of this can be found than in consulting the two published versions of the 'Andes tragedy,' the first appearing in Jay Gould's history of Delaware county many years ago, and the last published in Munsell's his- tory in 1880, neither of which gave a correct and truthful state- ment of the facts. It was my fortune to be present at the ' Earle's sale,' and therefore an eye witness of the 'tragedy' which may now be very properly called the 'Appomattox' of English feudal tenures in this country, because from that time on the war ceased and peaceful negotiation has since resulted in substantially wiping out that odious system of tenures.
The Earle's sale took place on the 7th day of August. 1845. Both of the histories alluded to assert that Steele and Edgerton were there in their official capacity, which is manifestly incorrect, as was proven by the testimony of Green More, who was then Sheriff of the county, and present at the sale. At the O'Connor
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NMCENTENNIAL S97
Cer tential Decorations Main Street Delhi.
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THE ANTI-RENT "ANDES TRAGEDY."
trial, he testified that his orders to Steele and Edgerton were not to appear at the sale unless they brought a .posse' of at least forty men with them. John Allen swore that he agreed to give Steele and Edgerton the sixty-four dollars rent for which the .distress' was made, if they would attend the sale and bid off the property. The arrangement with Allen, who was the agent of the landlord, shows conclusively that neither of them attended the sale officially, on the contrary their presence there was clearly for the purpose of speculation.
Colin Campbell and myself, who at that time occupied adjoin- ing farms to Mr. Earle, were requested by him to attend the sale and bid in the property for him, saying that he wanted to pay his rent and stop the trouble, and desired to take that course to do it: we consented and it was for that purpose that we at- tended the sale. When we arrived at Mr. Earle's, he called us to one side and informed us that Northrup, the 'Indian Chief,' had sent word to him from the woods, where they were assem- bledl, that if he procured us to bid off the cattle, the 'Indians ' would shoot them, but if he would let P. P. Wright or any other agent of the landlords bid them off, the 'Indians' would shoot them and the anti-renters would pay him all the damages he sustained. We stated to him that under such circumstances we would have nothing to do with the matter, and we remained there after that simply as spectators. When the Sheriff wanted to commence the sale, the .Indians' and a number of citizens, not in disguise, repaired to the field where the cattle were graz- ing and drove them into a corner near the road and surrounding them, told the Sheriff to proceed with the sale and they would protect him. About that time Steele and Edgerton rode up, and someone wanted the cows driven into the highway. Mr. William Brisbane objected to that, claiming that the advertise- ment stated that the sale was to take place on the premises of Moses Earle, and that the highway belonged to the public. At this juncture Steele and Edgerton rode down to the barn where
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HISTORY OF DELAWARE COUNTY.
one of the notices of sale was posted, and then rode back to the. bars leading into the field where the cattle were surrounded by the 'Indians' and Sheriff. When they came to the bars, P. P. Wright stepped in between their horses and pulled down the top bar, and seizing the inside stirrup of each horse he vaulted over the bars with them. As the bars were cleared, the horse- men rushed in among the 'Indians' and at this moment Edger- ton drew a pistol and flourishing it over and around his head, commanded all persons present to assist in keeping the peace, As he was swinging his pistol it went off, and that was the first reports of fire-arms on the ground that day. I was standing on an elevation where I could see and hear all that transpired. As soon as the report of Edgerton's pistol was heard, the order was given by the Chief to shoot the horses, and I saw an ' In- dian' run up to Edgerton's horse and shoot him in the breast. At this time there were many shots fired. The horse when shot reared up and Edgerton jumped off and raised his hand and cried out, 'For God's sake, don't shoot me.' About this time Steele's horse was shot-he having a pistol in his right hand- and the horse turned toward the bars. Then I saw an 'Indian' run up by the side of the rail fence and take aim and fire at Steele, who crouched down. The horse fell near the bars. Two persons raised Steele up and carried him down toward the house. I then left and the 'Indians' and spectators all dispersed."
Against the Erection of the County.
T HE following remonstrance is given to show the opposition to establishing Delaware county:
To the Honorable the Legislature of the State of New York, convened of Now York, January, 1996 : The prayer of your petitioners humbly showeth that whereas your Honors have on the 21st and 24th of March last resolved in both Houses that Daniel Wattles, Joshua L. Beitt and others bave liberty to present to either House of the Legislature at the next session a bill to erect into a new County all those parts of the counties of Uster and Otsego according to the lines mentioned in a late publication in the public newspapers printed in Kingston and other places.
We, your bumble petitioners, inhabitants of New Stamford, viewing with great concern the unhappy situation and circumstances of the country for such an event as the passing said bill and influenced by equal solicitude for the present and future prosperity of our New World, bog leave to exercise our just. and constitutional rights of remonstrating against the passing said bill, as it -trongly agitates our minds and wo presume will deeply affect our interest and the interest of our fellow citizens. The matter bas undergone a full discussion anul is the fruits of mature deliberation. Our reasons against said bills taking place is as followeth :
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