USA > New York > Ulster County > New Paltz > History of New Paltz, New York and its old families (from 1678 to 1820) : including the Huguenot pioneers and others who settled in New Paltz previous to the revolution > Part 5
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But the emigration was only the swarming out. The old colony of New Paltz continued to thrive, although its growth was slow.
In 1720 the church of logs in which they had worshiped God gave way to a stone structure.
Previous to this time, and after the departure of Rev. Pierre Daille for Boston, Rev. David Bonrepos preached at New Paltz, not as a stated pastor but as a supply.
THE DUTCH LANGUAGE SUPERSEDING THE FRENCH
During this time the French language was giving way and the Dutch taking its place. It is as difficult to determine how long the French language was used at New Paltz as it is to say how long the Holland tongue was spoken. Very old people still talk in Dutch occasionally. When the writer was a child it was the custom for the old people to talk in Dutch when they did not want the children to understand what they were say- ing. Father informed us that he never learned to speak Eng- lish until he went to school. The first and second generations of the New Paltz people probably talked French altogether.
The French language was evidently never much used in im- portant legal documents at New Paltz, though it was doubtless the common speech of the people for at least half a century after the first settlement. The country being under English rule, and Kingston being a Dutch settlement, it was natural that official documents in the state or county archives, although relating to a French-speaking community, should be written in the English or Dutch tongue. In receipts and papers of that
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nature given by one person to another in the little community the French language was used and many of these papers are still in existence. In the old graveyard the oldest tombstones have English inscriptions. On the church book the first entry in Dutch was in 1718. One of the few papers in French that have been preserved in the "Patentees' trunk" is a little slip, dated 1729, commencing thus : "Daniel Hasbrouck a paise a jacobus brun pour le vilage un demy pistole," etc. In family collections many papers in French have come to light.
Perhaps the most noteworthy papers in the French language in the Patentees' trunk are the two wills of Jean Tebenin, one of the two French schoolmasters of the little settlement. One of these wills is dated February 20, 1719, and the other November 14, 1730. The testator, who had no wife or chil- dren, left his property to the church, and mentions particularly his French Bible, which, if the French language should be superseded by the Dutch, must be sold and the proceeds given to the poor in the church.
TERRITORY FORMERLY PART OF THIS TOWN, BUT NOT WITHIN THE PALTZ PATENT
It must be noted that the town of New Paltz, at its greatest extent and before it had been dismembered, in- cluded much territory not within the original bounds of the Patent, which extended only about a mile south of this village. This additional territory, included in the town, comprised a number of smaller patents, which had become, either by purchase or by grant from the colonial governors, the property of descendants of the Paltz patentees.
In 1685, only eight years after the Huguenots settled at New Paltz, a tract of 5,000 acres, at Guildford, was granted
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to James Graham and John Delavall. On this tract lived a number of years afterwards, Ellsje, the widow of Joseph, son of Abraham Hasbrouck, one of the Paltz patentees. She outlived her husband about forty-one years, raised a large family and here some of her descendants still till the ancestral acres. The original grant is in possession of Joseph Hasbrouck, Jr.
· The next grant, in point of time, was doubtless that from Gov. Dongan, to the original Louis DuBois, lying prin- cipally on the west side of the Wallkill and extending from the Paltz patent to the Guilford patent. Louis, in his will, makes mention of the fact that this tract had been granted to him by patent dated June, 1688.
Edmund Eltinge had in his possession a release, dated in 1729, from the then proprietors of the Paltz patent, for the sum of six pence, to Solomon and Louis, Jr., of any claim they might possibly have against this tract, granted their father. On this tract, on the west side of the Wallkill, Solomon and Louis, Jr., had located, the former taking the northern part of the tract and Louis the southern part.
The next grant of land, in point of time, was probably that to Captain John Evans by Governor Fletcher, in 1694, which comprised an immense territory extending from New Paltz patent southward into Orange county. This grant was annulled by the Legislature five years afterwards, and we find reference to this fact in one or two subsequent grants.
The next grant, adjoining the Paltz patent on the south, was of 1,200 acres, June 30, 1715, to Hugo Frere, Sen., the son of Hugo the Paltz patentee, and to his sons, Hugo, Jr., Thomas and Isaac. On this tract his descendants are still cultivating the soil granted to their ancestors in 1715.
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In 1721, January 21, was granted the Garland patent of 2,000 acres, taking in the Kettleborough and Ireland Corner neighborhoods. On this tract Garret Ketaltas was a free- holder, in 1728, and on this tract Andries and Abram Le- Fevre and Daniel Deyo resided about thirty years later and here a number of their descendants still live.
In 1748 there was granted to Noah Eltinge and Nathaniel LeFevre 3,000 acres, lying on the Paltz Plains and extend- ing eastward and also including some land on the west side of the Wallkill. On a portion of this grant some of their descendants are still living.
Lastly, in point of time, was the grant, in 1753, in the
name of George II, King of England, to Abraham Has- . brouck, of Kingston, Louis Bevier, of Marbletown, and . Jacob Hasbrouck, Jr., of New Paltz, of several parcels of land, petitioned for, which, as stated in the grant, did not exceed 2,000 acres, and was part of the tract formerly granted to Capt. John Evans and afterwards vacated and lay on both sides of the Paltz River, some parts lying to the southward of the Paltz patent and some parcels, south- ward of the grant to Noach Eltinge and Nathaniel LeFevre. The parchment, containing this patent and the great seal of the colony, attached, was in possession of Mr. Samuel B. Stilwell, who resided on part of the tract and was a de- scendant of the Abm. Hasbrouck, of Kingston, to whom one-third of this patent was granted.
THE FIRST PUBLIC HIGHWAY
The first highway, probably, in this town, was laid in 1738, when a highway was laid out, as stated in the record, for the
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purpose of enabling the people to get to church at New Paltz and Kingston. The route stretched from one to another of the old stone houses along the Wallkill, north from our village to the northern bounds of the patent, crossing the Wallkill by a scow, just this side of the Bontecoe school-house. The marks are yet to be seen where this old road had been worked down below the level of the surrounding soil. About forty years later this road was abandoned and a new one was constructed about one-eighth of a mile farther east, above the reach of high water. As a consequence of this removal of the high- way, nearly all the old settlers had to construct lanes from their houses. About a mile north of the village the new high- way drew so near to the old that an angle was made, and the old highway was used for the rest of the route to the village.
DISPUTES IN REGARD TO THE BOUNDARIES OF THE PATENT
The first grant, from Governor Andross, did not define the boundaries of the patent very clearly. In 1722 an attempt was made to fix exactly the corner of the patent at Paltz Point (or as it is now called Mohonk) as is shown by the following document :
"These are to certify that the inhabitants of the town of New Paltz, being desirous that the first station of their patent, named Maggonck, might be kept in remembrance, did desire us, Joseph Horsbrook, John Hardenburgh, Roeleft Eltinge, Esq., Justices of the county of Ulster, to accompany them and there bring Ancrop, the Indian, then brought us to the High Mountain which is named Maggrnapogh at or near the foot of which hill is a small run of water and a swamp which he called Mag- gonck and the said Indian, Ancrop affirms it to be the right
.
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Indian names of the said places as witness our hands this nineteenth day of December, 1722.
"JOSEPH HASBROUCK, "HARDENBERGH, "ROELOFF ELTINGE.
"ULSTER COUNTY, SS :-
"April 16th, 1723.
"Recorded for said county, Records in lib. CC. fol. 205.
"J. GIL. LIVINGSTON, "Clerk."
In regard to the boundary line between the Paltz patent and the patent of Louis Dubois, on the south, there was also trouble, and in 1729 the line was surveyed by Caldwallader Colden, Jr. A letter from Josiah DuBois written in 1850 says in regard to a certain stone on the west bank of the Wallkill : "I have a deposition on parchment of Abm. DuBois, the patentee, who makes oath that he saw an Indian named Bon- tecoe stand, at the place where this stone is with one foot on one side of the brook and the other on the other, and heard him say the lands on his right belong to the DuBoises and those on his left to the Frenchmen." The boundary line between New Paltz and Marbletown, and also between New Paltz and the Hardenbergh patent on the north were also matters of dis- pute. It was claimed that the Hardenbergh patent included Dashville Falls, and it was alleged on the part of the New Paltz people that the surveyor had been bribed by the present of a cow to run the line so as to deprive New Paltz of the valuable water privilege. The bounds of the patent as finally deter- mined, left the Falls in the Hardenbergh patent.
The boundary line between New Paltz and Marbletown was
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not settled until after the revolutionary war. The top of the mountain was the line, but it was impossible to determine ex- actly where the top of the mountain was. We have in our possession an ancient document containing the proceedings of a meeting at which Dr. George Wurts, the first Wurts in this place, was Chairman, and Isaac LeFever, clerk, at which the representatives of the different Paltz families bound them- selves to stand together in contesting the claims of Marble- town. In the suit which followed the Paltz people employed Aaron Burr as their attorney and won the case.
5
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· HISTORY OF NEW PALTZ
CHAPTER VIII
A PURE DEMOCRACY
The government of New Paltz in the earliest period was evidently a pure Democracy, the heads of families gathering in a body to frame regulations for the general welfare. This fact is plainly set forth in the following :
NEW PALTZ ORDERS
RECORDED
We inhabitants of ye Niew Pals in generall are mett together ye 23th day of Feb. 1711-12 to conclued concerning all our fences of the Land as also of the pastures, to the plurality of Votes according to the order of the Warrant to the Constable · directed ;
First of all we shall begin to ye kill or kreek next of Solomon Dubois to ye Aest of sd Solomon and then the fence shall run to ye bounds of Abraham Dubois, from thence along a run of watter and then to the pasture of Louis Bevier, and the sd fence is to be made of three Rails and of three and fifty inches high, and then ye sd Louis Bevier is obliged to make and repare a good and sufficient fence a Long his pasture to ye East until he Comes to Abraham Dubois, and then Jacob Hasbroucq shall make or have a good Sufficient fence of the same high as here above mentioned until he comes to the pasture of Daniel Dubois neer of the tourelle or neest and then the gate Shall be Set according as it is ordered or concluded, then the N. Pals town Shall together make the fence from Jacob Hasbroucq, to the
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sd. gate and so we shall begin the vasmakerslant fences to the kill or kreek at the Landing place, to the erf of John Has- broucq and every one of us must make his part or share at six Raeles as now is and them that have theirs erf opposite the P. Vasmakersland they shall make and maintaine a good and suf- ficient fence to the house of Hugue Frere, as also at both sides of the street and between the Erfs a good and close fence to be made, it is also said that ye fences of the Creupelbos shall begin to the house of Hugue frere and so a Long the above sd Creupelbos so fare as hath been measured, and them that have a part or lots in sd Creupelbos they shall make and hold a good and sufficient six Railes fence of fifty three inches high there he now is at present. And to the end of sd fence shall begin the bosh fence of three Railes of the same high as here above mentioned and so along to the kill or kreek neer of Abraham Frere so as it is now deeld and devided Now to the other sides of the kill or kreek to the West we shall begin to the long macos or long bondecoe and shall be made and kept as now is at present and of the same high to the time that wee think fit to join him together. -
As also the fences of ye petit macos or litle bondecoe shall be made and kept as now is at present and of the same high as above sd. for ye time of two year and then shall be sett a long de mountaing in ye best convenient place that we think sutable, and then will be joined to the high bridge fences & from sd bridge to the kill or kreke near Solomon Dubois to the West; Every one shall make and kepe his fences good and sufficient at three Reals and of ye same high as aforesd .-
More concerning the old pastures every one is oblidged and bound to doe as his Nebourgh that is to say the just half of ye fences of five Raels or other wise & that good and sufficient .-
And as for ye kettel doing Damage and so taken they shall
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be put in pound by him that shall there unto be chosen or im- poured by the inhabitants of sd place.
And each and every horse or Cow beast so taken in damage shall pay a piece nine pence for a fine, the one half for him there- unto chosen, and the other half for the toune. And as for the hogs they shall have no Liberties for to Runne free; but as for the Sheeps they may runne free until that time that they goe in Dammage in ye Corne or in the pastures, provided ye fences be good and sufficient as for the first time Warning shall be given Charitably to ye owner to kepe them out Dam- mage, but if they are once more taken in Dammage they shall pay for a fine 3 pences a peace. And as for the horses which Rune upon the Land in the fale they shall be taken away the 30th of September otherwise they shall pay the fine here- above sd. Concerning all the fences here before mentioned, Each and Every one is oblidged and bound to make and kepe his owne fence at the time Limitted or ordered by him there- unto chosen to take notice of sd. fences, but in case any one neglict or will not doe or make his fence he shall pay for a fyne six shellings, and the Viewers of fences shall make or have made the sd fence or fences at his owne charge as ye Law Dirrect in such case.
Here is farther Concluded for them that leaves any gates open, it be with a malicious intend, or neglict they shall pay for a fine three shellings .- And the money so Received of the " finnes shall be imployd to pay the cost and charges of the touwne, and such person or persons thereunto chosen to Re- ceive the sd fines shall be accoumptable or give an accounts yearly to ye touwne.
Recorded p.
W. Nottingham Clerk.
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HISTORY OF NEW PALTZ
LAND WORKED IN COMMON
There is good evidence that in the early settlement the land was worked in common. In the bends of the Wallkill four spots of fertile land were known as Grote Bontecoe, Kline Bontecoe, Bontecoe in Haning and Bontecoe. . Grote Bonte- coe was certainly worked by the settlers in common, and there is good reason to believe that other lands were also so worked.
THE GOVERNMENT OF THE DUSINE June began about 1677. Wrong Thing
In 1728 there were twenty-four proprietors at New Paltz, and at that time was instituted the government of the Twelve Men or Dusine. They were chosen annually, and had power to act and set in good order and unity all common affairs. These twelve men exercised the power of dividing lands by lot, in the Paltz patent, and giving title by parole, without deed.
They made rules in regard to fence building, and imposed fines for violation of these rules, in fact they exercised, to some extent, judicial as well as legislative powers, until in 1785, when the town was incorporated in the State government, and by special Act of the Legislature the grants and partitions of the Dusine were confirmed. It does not appear that any appeal was ever taken to the Colonial Government from the acts of the Dusine. There were divisions of land into lots among the proprietors at two different times, the land being set off in regular tiers, numbering from one to twelve.
There were, besides the Dusine, regularly chosen town officers whose duties were distinct from those of the twelve men. The latter were chosen annually at town meeting and
·
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were descendants either in the male or female line from the patentee whom they represented.
The Dusine were elected by viva voce vote annually just be- fore the poll opened. In the latter period of their existence about the only power exercised was to settle disputes concern- ing land titles.
This government of the Dusine has no parallel in the colonial history of America. It was transplanted from the banks of the Rhine to the banks of the Wallkill. We are told that the only other European colony in which it had existed was a Huguenot settlement founded at about the same time in South Africa.
The document establishing the government of the Dusine or Twelve Men is one of the papers that have come down in the Patentees' trunk. It is in English, as follows :
To all Christian People to whom These presents shall come or in any ways may concern Greeting. Whereas Edmond. An- dross Esq'r Seigneur of Sansmarez, late Governor General under his Royal Highness James Duke of York and Albany &c., of all his Territorys In America By his Letters Pattent bearing Date the 29th Day of September in the Year of our Lord 1677 Did Give, Ratifye, Confirme and Grant unto Lewis DuBois and partners, that is to say, Christian Doyo, Abraham Haus- broecq, Andries Lefevre, Jean Broecq, Pierre Doyo, Laurens Bivier, Anthony Crespell, Abraham DuBois, Hugo Frere, Isaac DuBois and Simon Lefever their heirs and Assignes All That certain piece of Land lyeing at the South side of Rondout Creek or Kill begining from the High Hills Called Moggonck from them Stretching South East near the great River, to a certaine point or hook called the Juffrous Hoocke, lyeing in the long Beach named by the Indians Magaatranics, then North
-
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up along the River, to an Island in a Crooked Elbow,. In the, beginning of the long Beach Called by the Indians -Raphoos then west on the High Hills to a place called Waratahoes and Tawarataque and soo along the said High Hills South West to Moggoncck aforesaid To hold unto the said Lewis DuBois and partners their heirs and Assignes, to the proper use and behoof of him the said Lewis DuBois and partners their heirs and Assignes forever.
.
And Whereas the aforesaid Patentes in their life time and since their Decease their Severall heirs or Assignes have Sev- . erally according to their Just Rights and Interests therein held Enjoyed and Improved some part of the aforesaid Land and premises Commonly known by the name of New Paltz, ac- cordingly to the Severall Divisions and partitions that have been made between them by Parale without Deed, and the other parts thereof yet Remaining In common and Undivided Now Know Yee That we whose names are under written and who have Signed and Sealed These presents being owners and Interested In the aforesaid Pattent, for the Good Order Regu- lation benefitts and profitts of the freeholders and Inhabitants in the said Pattent as likewise for the Maintaining, Preserving, Defending and Keeping Whole and Entire the full Right Title benefitts propertys and advantages belonging or in any wise appertaining unto the aforesaid freeholders and Inhabitants by. Vertue and Authority of the above mentioned Pattent and of the Several Conveyances and Last Wills and Testaments of, the aforesaid Pattentees and of their heirs and Assignes and for makeing good and firme the aforesaid Divisions and par- titions made by the aforesaid Patentees in their lifetime and since their Decease by their Severall heirs and Assignes and for makeing a further and more perfect Division and Partition of the undivided Lands and premises now lyeing in Common
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and Undivided and unimproved within the bounds of the afore- said Pattent have Thought fitt and Convenient and we Doe by these presents Covenant and Grant to and with each other, that there shall and may be Yearly and every Year forever hereafter Chosen and Elected for the purposes above mentioned by the pleurality of Votes of the freeholders and Inhabitants within the aforesaid Pattent Twelve good able and sufficient men freeholders and Inhabitants who have an interest within the said pattent Representing the aforesaid Twelve Pattentees, That is to say out of every of us who are owners and occu- piers, or hath a Right In each of the aforesaid Pattents Shares Respectively One, which Election shall and may be held Yearly and every Year at the New Paltz aforesaid on the first Tuesday in April and in Case any of the freeholders being so Chosen and Elected as aforesaid Refuse Denye and will not Serve that Then he shall provide one who is likewise an owner and hath a Right in the same Pattentees Share in its Stead and place, who not being produced or Doth not appear within a fortnight after the Election to be held as aforesaid, Then the other Elected men shall Nominate and take one who is an owner and hath a Right within the said pattentees share to Act in his Stead And we Doe by These presents every of us severally in behalf of ourselves our heirs Executors Administrators and every of them and not Joyntly Give Grant and Bequeath unto the aforesaid Twelve men or the Major part of them to be elected and Nominated in manner as aforesaid full power and- Authority to Act and Sett in Good order and unity all Common Affairs, Businesses or things comeing before them belonging to or concerning the Right Title Interest or property of the Township of the New Paltz aforesaid and Commonalty within the said Pattent According to Law or Equity and to the best of their knowledge and understanding And That if it should
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soe happen that the aforesaid Twelve men to be elected as aforesaid Should Disburse any money for Charges or other Expenses for Defending and preserving the Right Title Inter- est and property of the Township of the New Paltz afores'd, and the Commonalty within the said Pattent, That then we and every of us Respectively according to our Respective Rights and Interests in the aforesaid Pattent shall bear and pay an equall proportion of the afores'd Charges and expenses soe beene at by the aforesaid Twelve men or any of them, and that they; the said Twelve men Shall and may Give Deeds of Par- tition or other proper Conveyances in Law for the Confirmation and Assertaining Each man's Just Share and Dividend of the aforesaid Divided land and premises according to the aforesaid Severall Devisions and partitions thereof made by the aforesaid Twelve pattentees in their lifetime and by the Severall heirs and Assigness since their Decease And we Doe by these pres- ents further give and Grant unto the aforesaid Twelve men to be Elected and Nominated as aforesaid or the Major part of them full power and authority to make a further and more perfect Division and partition of the aforesaid undivided Land and premisses or soe much thereof as they shall from time to time see cause fer or think convenient which Devision is to ve made in manner and forme following That is to say That the said Undivided Lande and premises or such part thereof as they shall from time to time see cause fer or think convenient shall be laid out in Twelve Equal Shares and Devisions soe that the one is not of more Vallue than the other and Then the aforesaid Twelve Shares or Devisions shall be numbered and then the aforesaid Twelve men shall Draw Lotts for the same and such Share or Division as falls to the Lotts of the afore- said Twelve men Respectively Shall be and remaine to the proper use benefitt and behoof of us who are properly Inter-
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ested in the Respective pattentees Share they are soe elected and chosen for according to our Just Shares and Interests therein for which the aforesaid Twelve men are to Give Deeds of conveyance for the same, And that the same shall stand and Remaine as a full and perfect partition and Severance for the same, And that after such partition and Alottment made in manner as aforesaid We whose names are under subscribed and who have signed and sealed these presents Respectively and our heirs and Assignes shall stand to and agree to the said partition and Alottment soe to be made in manner as aforesaid according to the true Intent and meaning of these presents And shall permit and suffer the same to stand Remaine and Abide in its full Strength and force forever as if we ourselves had been present and consented thereto and Gave Deeds of partition for the same And That the said Twelve men or such thereof as there shall be others Chosen in their stead at the End of the Year shall be accountable to the New Elected And Soe Yearly and every Year forever hereafter And soe having faithfully Served they shall be Duely and lawfully Dis- missed and Discharged for their proceeding in behalf of the Township and Commonalty as aforesaid. - And Now fer the True performance of all and singular the Articles Covenants and Agreements as aforesaid soe far as the same are to be performed by us Severally and Respectively, Each and every of us whose name are hereunder Subscribed, Doe and Doth Severally bind himself his heirs, Executors and Ad- ministrators In the sum of fifty pounds currant money of the province of New York, to be paid unto each and every the other of us his heirs Executors and Administrators, upon the non performance of any of the Articles Covenants or Agree- ments aforesaid which on our severall and Respective parts are to be Done and performed According to the True Intent
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