USA > New York > Delaware County > History of Delaware County, and border wars of New York, containing a sketch of the early settlements in the county > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
The terms of many of the original leases, were seven years rent-free, and thereafter a yearly rent of one shilling per acre. So great an inducement was this specification, that even those who could have purchased and paid in full for their land pre- ferred the other alternative .* At the expiration of the seven years, many were still too poor to meet their yearly demands, which through the forbearance of the proprietors, were suffered to pass unpaid, and accumulated from year to year. These
* David Squires, and many other original settlers.
257
DELAWARE COUNTY.
back-rent demands, which on some places accumulated to several hundreds of dollars, was one of the principal moving causes of the commonly styled "anti-rent war."
That the people had just claims for the revision of existing laws, in relation to distraining for rent, and of ejecting tenants from their farms for the non-payment of rent, when there is unencumbered personal property enough on the place to satisfy the demand, none will deny. And further, if they doubted the validity of the title, the interest of the tenant involved gave him a perfect right to demand an investigation. It was a duty they owed themselves and their posterity to have the matter tested, and the validity of the title established, or declared null and void.
But to speak more definitely ; the excitement first showed itself in the form of a mass meeting; accompanied by strong resolutions, and followed up by the refusal of tenants to pay the annual rent, within the manors of Rensselaer and Livingston ; and to oppose more effectually the officers in the administration of the law, by screening themselves from observation and detection, masks and disguises were substituted.
The following are what the original anti-rent association claimed as the grievances of the tenants or rent-payers, as pub- lished sometime prior to the period when the excitement assumed so popular a form.
" First, It is held by this class of community, that they are under an unequal ratio of taxation, they paying all, and the Patroon none, for the support of either the county or State government.
" This taxing them for lands owned by somebody else, they hold to be an unjust and exorbitant demand.
"Secondly, They consider it wrong, legally, as well as wicked, that the lessor has power to collect rents, while the lessee has no power to contest that right.
"Thirdly, It is believed that this system of things, as prac- 22*
258
HISTORY OF
tised on the renters of Rensselaer and Livingston manors, has an improper bearing on the elective franchise, through fear of oppression.
" Fourthly, The right and power of ejecting tenants of their farms for the non-payment of rent, when there is personal pro- perty enough on the premises to pay it, is held to be extremely arbitrary, and is often done to favor a friend.
" Fifthly, They declare against the injustice of being exposed to ejections from their farms and homes, merely on account of failing to pay the rent every year. It is the principle or power of this trait of the leases, that they object to; though it were never put in force. And also, from being exposed to forfeit their leases if they failed to live up to every requirement in those instruments.
"Sixthly, But it may be said, that men ought to abide by their bargains, and that they need not to have taken' such leases. To this it is replied, that those leases were in a manner forced upon all families who now live upon leased premises, which was done as follows: At first, when the country was new, the Patroon was very good and indulgent, to such as would settle on his manor, even sometimes giving the use of - the land for seven years for nothing, with the promise of a good and indulgent lease at the end of that time. During this period, be the same longer or shorter, considerable improve- ments were sure to be made on the land. But now comes the pinch : a lease is made out, which the renter sees at once is in a considerable degree subversive of his own natural rights as a free citizen. What can he do? He must either accept of it, or lose several years' labor. Thus it is asserted, that these leases were in a manner forced upon the rentees.
" Seventhly, The rentees hold that the land they occupy is their own, on account of what is called legal possession : that is, being actually on the land, and by enclosing it, while the Patroon's possession is by proxy only. But if it is neither the
1
259
DELAWARE COUNTY.
Patroon's nor the rentees', then they hold that the manor be- longs to the State, as they abjure the claims of the pretended owners altogether.
"Under the idea of statute prohibitions, it is known that men cannot sell their lives, their liberties, their children, their wives, nor their servants. A man cannot burn his own house, nor even abuse a dumb beast, although the animal may be his own. He cannot sell his vote, nor buy one at elections. The stat- ute prohibition goes against all frauds and usurpations of every nature ; on which account it is believed that the requirements of many of the leases do in many particulars infringe on these wholesome principles,* and ought, therefore, to be shorn of these hateful traits of ancient feudalism, by the shears of legis- lative authority, which would go far to tranquillize the minds of the manor rentees, if nothing more can be done in their favor."
* On the Rensselaer manor, the proprietors reserved all water powers, mines, ores, and mineral beds, of every name and nature. They re- served the right to make roads, to cut wood and timber for various purposes, and to convey it on, over, and through any of the lands of the manor, except such as the patentees sold.
¿
260
HISTORY OF
CHAPTER XII.
Introduction of the excitement into Delaware county, 1844-Roxbury- First public meeting-Description of the costume worn by an Indian -Molest John B. Gould-Second attempt to enforce submission- Tar and feather H. More-Tar and feather T. Corbin-Sheriff's papers taken and destroyed-First equal rights' convention-Legisla- tive proceedings-Passage of an act preventing persons appearing in disguise-Copy of the same-An act of D. W. Squires-Extract from a letter to the Adjutant General-Organization of an armed force by the sheriff-Steele in limbo at Andes-His defence- Letter to the sheriff-His release-Antipathy of anti-renters against Steele-His courage-Their threats-Shacksville battle-Particulars of the same-Names of prisoners-Sale in Andes-Painful death of Steele-His last moments-Extract from the correspondence of the Albany Evening Journal-Funeral services-Indignation meetings at various places-Resolutions passed-Summerset of anti-rentism.
IN the early part of the summer of 1844, through the co- operation of some leading anti-renters in Schoharie county, where the excitement had taken hold the preceding year, the agita- tion was introduced into Delaware, first into the town of Rox- bury. Before any publicity was given to the proceedings, the articles of association had received the signatures of something more than fifty voters of the town, most of whom had provided themselves " As knights of old, with coats of mail." Report, it is true, with her pliant tongue had diffused her thousand rumors of the characters, manners and customs of the pretended aborigines of the forest; an intense interest had been awakened to learn who, and the " why and wherefore" of the new party ; but like the celebrated know-nothings of the latter day, " they knew each other, knew others, but were not known." Soon, however, the excitement assumed a more public form, and the
261
DELAWARE COUNTY.
adherents of anti-rent principles became more bold in the con- fidence of their strength, and by the co-operation and adhesion of some of the leading and most prominent citizens of the town, a great majority of her population were eventually drawn within the meshes of anti-rentism.
The first public proceeding on the part of the Indians in Roxbury was a meeting at the public house of Thomas Keater, a respectable citizen of the town, attended by a large concourse of citizens, and the elect in full uniform. The excitement carried with it a novel aspect, which presented itself particu- larly to the young and inexperienced. Many young men of respectability and promise, entered the ranks, and embraced it ardently, but the great majority were those whose habits and reputation would hardly warrant so pleasing an. encomium ; who brought with them and incorporated an element in anti- rentism, which however high-toned and worthy of considera- tion the original aims of that organization might have been, was doomed to place a dark stain upon its future history, and defeat eventually its dearest interests.
A description of the costume worn by those who appellated themselves Indians, although appropriate here, yet neverthe- less it would be a delicate task even for the pencil of the artist. The covering which concealed the head was usually of sheepskin, with apertures through which the wearer might discern what was going on in the world without-another corresponding to the mouth, and yet another for the accommo- dation of the nasal organ, through which he inhaled a portion of the aerial element necessary to support the human system. The exposed or outer surface of this mask was usually painted in divers shapes, to accord to the wearer's fancy as to making an impression, just as some men wear their hair long or short, curled and tastefully combed, or careless and unassuming. Some, even more given to the wonderful, went so far as to sub- stitute the necessary appendages of some quadrupeds, and
262
HISTORY OF
imagined themselves elevated above the generality of the human species, in the capacity of sporting a huge pair of horns or a horse's-tail.
A calico dress, furnished by the patriotism of the fair sex, and sometimes to the discomfiture and inconvenience of members of the family at home, through the scarcity of that commodity, encircled around the waist by a belt usually orna- mented by a profusion of tassels and other fantastic ornaments, together with the implements of warfare, completes the cabinet of an artificial Indian.
During the summer of this year parties were frequently seen in disguise, and several peaceable citizens who had chanced to think differently from themselves, belonging to what was termed the up-rent, or law and order party, had been molested and severely threatened with rewards for their per- verseness. The first open act of hostility was perpetrated on the sixth of July, upon the premises of Mr. John B. Gould, who, regardless of the threats and the timely warning of the association to desist from blowing his horn, had continued to use it as a signal to call his workmen to dinner. Upon the day in question, he had as usual blown his horn at noon, when five Indians, equipped and armed for fight, presented them- selves at his door, and demanded redress for the insult he had given to the authority of the association. A spirited and angry discussion ensued, when they were compelled to retreat from the premises, to the tune of the " old king's arm and shell."
Smarting under their unwelcome defeat, a second company was dispatched the following Tuesday to enforce submission, and with instructions to seize the gun and horn, and if neces- sary mete out to Mr. Gould a salutary coat of tar and feathers. The sun had just arrived at the meridian, when a favorable opportunity presenting itself, the signal whoop was given, and the savage horde sprung from their hiding places, and with demonlike yells rushed up and surrounded Mr. Gould, who
263
DELAWARE COUNTY.
was standing with his little son in the open air in front of the house.
We were that son : and how bright a picture is still retained upon the memory, of the frightful appearance they presented as they surrounded that parent with fifteen guns poised within a few feet of his head, while the chief stood over him with fierce gesticulations, and sword drawn. O, the agony of my youthful mind, as I expected every moment to behold him prostrated a lifeless corpse upon the ground. His doting care and parental love had endeared him to his family. But he stood his ground firmly ; he never yielded an inch. Conscious of right, he shrank from no sense of fear-and finally, when a few neighbors had gathered together, a second time they were driven from the premises without the accomplishment of their object. The Indians marched off the premises and down the road in single file. About three miles below they overtook and tarred and feathered Hiram More. In September following, Timothy Corbin was tarred and feathered at Daniel W. Squires', in the same town, on general training day, while assisting the sheriff, Greene More, Esq., in the service of some official papers. The sheriff's papers were also taken and destroyed.
The following is copied from " The voice of the People," a paper established at Delhi, as the organ of the new party. " On the first day of Oct., 1844, a little band of true patriots assem- bled in Bovina, at the house of James Seacord, and united in holding the first Equal Rights Convention ever assembled in Delaware county. At that convention, John McDonald, of Kortright, and George Thompson, of Andes, were nominated to the assembly.". This ticket was defeated in the main, although one of the candidates, having been endorsed at the Delhi convention, was returned to the legislature.
Early in the session of the legislature of 1845, an act, enti- tled " An act to prevent persons appearing disguised and armed," passed rapidly through both houses of the legislature,
264
HISTORY OF
and receiving the support of the Governor, became a law .- Hammond's Political History of New York.
The following is a copy of the act: The people of the State of New York, represented in Senate and Assembly, do enact as follows :-
§ 1. Every person, who, having his face painted, discolored, covered, or concealed, or being otherwise disguised, in a manner calculated to prevent him from being identified, shall appear in any road or public highway, or in any field, lot, wood or en- closure, may be pursued and arrested, in the manner hereinafter provided; and upon being brought before any judge or other officer, hereinafter designated, of the same county where he shall be arrested, and not giving a good account of himself, shall be deemed a vagrant, within the purview of the second title, of chapter twenty, of the first part of the revised statutes ; and on conviction, as provided in the said title, shall be com- mitted to, and imprisoned in the county jail, of the county where such person shall be found, for a term not exceeding six months ; and all the magistrates authorized in and by the first section of the second title, in the second chapter of the fourth part of the Revised Statutes, to issue process for the apprehension if charged with any offence, are authorized and required to execute the powers and duties in relation to the offence created by this act, which are conferred and imposed on justices of the peace, by the said second title of chapter twenty, and all other powers and duties conferred and imposed by this act.
§ 2. Every sheriff, deputy sheriff, constable, marshal of a city, or other public peace officer, or other citizen of the county where such person or persons shall be found disguised as afore- said, may, of his own authority, and without process, arrest, secure, and convey to any such magistrate, residing in the county where such arrest shall be made, any person who shall be found having his face painted, discolored, covered or con-
265
DELAWARE COUNTY.
cealed, or being otherwise disguised as aforesaid, to be ex- amined and proceeded against, in the manner prescribed in the said second title of chapter twenty; and it shall be the duty of any sheriff, deputy sheriff, constable, marshal, or other peace officer, whenever any of them shall discover any person with his face so painted, discolored, covered or concealed, or being otherwise disguised as aforesaid, immediately to arrest, secure and convey, such person to any such magistrate, to be pro- ceeded with according to law ; and whenever any such officer shall receive credible information of any person having his face so painted, discolored, covered or concealed, or being otherwise disguised as aforesaid, it shall be the duty of every such officer forthwith to pursue such person, and arrest, secure and convey him to any such magistrate.
§ 3. In the execution of the duties prescribed in the last foregoing section, any sheriff, deputy sheriff, constable, mar- shal, or other peace officer, shall be authorized to command any male inhabitant of his county, or as many as he shall think proper, to assist him in seizing, arresting, confining and con- veying to any such magistrate, and committing to the common jail of the county, every person with his face so painted, dis- colored, covered or concealed, or being otherwise disguised as aforesaid, and any inhabitant so commanded, may be provided or provide himself with such means and weapons as the officer giving such command shall designate.
§ 4. Every person so commanded, as provided in the last preceding section, who shall refuse or neglect, without lawful cause, to obey such command, shall be deemed guilty of a mis- demeanor, and be subject to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both.
§ 5. Any magistrate to whom complaint shall be made, that any person has appeared in a public highway, or in any lot, field, wood or enclosure, with his face so painted, discolored,
23
266
HISTORY OF
covered, or concealed, or being otherwise disguised as aforesaid, may in his discretion, by warrant under his hand, depute and empower any elector of the county, to arrest, seize, confine, and bring such person before such magistrate, to answer such com- plaint. And in any such warrant, or in any other warrant, or process against any person charged with having his face so painted, discolored, covered or concealed, or being otherwise disguised, as aforesaid, whose name shall not be known, it shall be sufficient to describe the offender by some fictitious name.
§ 6. Every assemblage in public houses, or other places, of three or more persons disguised as aforesaid, is hereby declared'- to be unlawful; and every individual so disguised present thereat, shall be deemed guilty of a misdemeanor, and upon conviction be punished with imprisonment in the county jail, not exceeding one year.
§ 7. Every person convicted upon any indictment for a conspiracy, or upon any indictment for a riot, or for any other misdemeanor, in which the offence shall be charged to have been committed by such person, while armed with a sword, dirk, fire-arms, or other offensive weapons, and while having his face so painted, discolored, covered or concealed, or having his person so disguised as aforesaid, shall be punished by imprisonment in the county jail, for a term not exceeding one year, or by fine, in a sum not exceeding two hundred and fifty dollars, or by both such fine and imprisonment, or by im- prisonment in the State prison for two years, in the discretion of the court before whom such conviction shall be had.
This act shall take effect immediately .- Passed Jan. 25, 1845.
Several charges having been prepared against D. W. Squires of Roxbury, and the grand jury having found an indictment, an order for his arrest was placed in the hands of the under sheriff, Osman N. Steele, who repaired to that town on the
267
DELAWARE COUNTY.
eleventh of February, and in conformity with the third section of the above act, warned out a sufficient number of persons to co-operate with him in the performance of his duty. The party arrived at, and surrounded the house in the middle of the night, when the inmates were supposed to have been in the strong embrace of sleep. But contrary to the expectation of the officer of the law, their approach had been suspected. An entrance was forced, and after considerable search Squires was found concealed between the two ticks of the bed in which his wife and mother were sleeping, and taken into custody.
The following extract from a letter dated Delhi, February 12, 1845, to the adjutant general, thus refers to the arrival of the party at that place the following day after the arrest.
" About 10 o'clock this morning our under sheriff brought to jail Daniel W. Squires, of the town of Roxbury, in this county. It was said that Squires was engaged in the tarring of Mr. Corbin last summer, and in forcibly taking the papers of Sheriff More at the same time.
" During the day, many of the citizens of this village have volunteered their services to aid the sheriff in the discharge of his duties, and have placed themselves under his command. A guard of twenty men was selected to defend the village and jail, inasmuch as many threats have been made, that if any 'Indian' should be placed in our jail, he would not remain there twenty-four hours."
The day following the same correspondent again writes :
"There has been considerable excitement to day amongst our quiet people, in consequence of Captain North's company of volunteers having received orders, from the sheriff of Delaware county, to repair immediately to Delhi, and hold themselves in readiness to obey orders. The order was read
268
HISTORY OF
this morning, and at this time (2 P.M.) about forty are here. The companies from Franklin, Meredith, and Walton, have been called upon, and are on the ground. There has been no serious difficulty in Delaware county as yet. Big Thunder, alias Mr. Squires, was arrested yesterday by force. The anti-renters have made serious threats, and the sheriff is afraid he cannot do his duty, (namely, serving process and making some arrests,) without this extra force.
" It is said that the companies from the above-named places, are the only ones in Delaware county, but what the disaffected have a majority in."
It had been reasonably hoped that the prompt and efficient action of the sheriff and his assistants, in conjunction with the timely action of the legislature, by the passage of the preceding act, would completely annihilate all further spirit of revolt, and that those who had been thoughtless enough to convoke themselves in open violation of the established prin- ciples of law, would become convinced of the error into which they had fallen, and return again peaceably to the quiet occu- pation of their homes. And it seemed for a time that these hopes had been realized, but that period proved to be of short duration, and the quiet and heretofore peaceful county was destined yet again to become disturbed by the angry spirit of discontent, and the character of its citizens to be stained by the perpetration of still darker scenes.
Nothing further worthy of note occurred until the eleventh of March, when the excitement again broke forth, as will be gathered by the following letter from a prominent citizen of the county to the editor of the Albany Evening Journal.
, " Delhi, March 11, 1845.
"DEAR SIR-I write hastily amongst a crowd to inform you of the state of affairs here. The following copy of a letter just received from O. N. Steele, a deputy sheriff, now held in
269
DELAWARE COUNTY.
duress at Andes, a village about ten miles from this place, will explain itself :- "
" Andes, March 11. - "TO THE SHERIFF : SIR,-We left Andes yesterday about five o'clock, for Delhi, but were stopped on the road, and, compelled to return to this place. We are now at Hunt- ing's. The house is now surrounded by men in disguise, about one hundred strong. They intend, as near as I can ascertain, to take my papers, tar and feather me, and pass me over to the Middletown tribe. I shall never be able to reach home unless you come over with all the force you can raise. Let every man come armed, and determined to do his duty or die on the spot. Lose no time, but get here as soon as possible."
" Yours, O. W. STEELE."
" 9 o'clock, A.M."
" The messenger whom Steele fortunately obtained to bring his letter with all possible speed, informed me that he left Steele, with Charles Parker, another officer whom the anti- renters have taken, in a small garret in the house, into which they had been driven, retaining possession of the pistols with which they were armed. This outrage is in consequence of Steele's having lately arrested Squires on a bench warrant. The sheriff, immediately on the receipt of the letter, commenced summoning a party to go in pursuit of the rioters. Every man in the village who can procure arms, will leave within half an hour. I have no time to describe the outrages that are daily committed. The country is in a state of actual rebellion." Yours &c."
The receipt of this intelligence completely electrified the entire village, and although the travelling under foot was exceedingly muddy, in an incredibly short time the posse 23*
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.