Landmarks of Albany County, New York, Part 31

Author: Parker, Amasa Junius, 1843-1938, ed
Publication date: 1897
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1374

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It is ordered, and found very requisite yt ye Aldermen of each respective Ward shall cause to be made two Brantleere [fire ladders] a greate one and a little one, with yron hooks, and yt in time of one month, and cause to be brought to a ready place in case of any occasion whatsome ever, and they to bring in their accounts.

In 1706 a primitive fire department was organized by the appoint- ment of certain "Fyre-masters," which is described further on.

The Dongan charter conferred the right of establishing ferries across

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the river between the city wards and Greenbush. A ferry had, how- ever, been in existence since the year 1642, which is claimed by some authorities to be the oldest established ferry in the United States. The ferry landing on the Albany side was a little north of the Beaver- kill, which emptied into the river at what is now the termination of Arch street; the Greenbush landing was directly opposite. The first ferry boat was a mere scow which was propelled with setting poles, being, however, large enough to carry horses and wagons, while a smaller craft was used for passengers. The first ferry-master was Hendrick Albertsen, who also built the first ferry house on the Albany side of the river. He was succeeded by Jacob Janse Stall, who settled at Beverwyck in 1630, and who held the post until 1657. At that time and for many years after the date of the Dongan charter, no charge was made by the authorities for the right of operating.

Owing to the slope of much of the land on which stood the early Al- bany it is probable that the unpaved streets could be kept in much bet- ter condition and with considerably less labor than would have been possible upon a level. The old records contain frequent allusions to sidewalks and to measures for promoting cleanliness in the streets, but paving did not come until many years later. It was ordered in the Common Council March 12, 1694, that " every householder shall make, or cause to be made, eight foot ground before his own house, fronting on the streets, paved with stone, under a penalty after the first of June, of every week, of six shillings." This refers, of course, merely to a paved sidewalk. In 1695 the sum of £50 was raised by the Common Council for thus paving sidewalks. In 1817 a number of streets were ordered to be paved, but it is difficult todistinguish in the early records between sidewalk paving and street paving.

A few of the ordinances of the Council in the early years are inter- esting. In 1686 it was decreed that every Saturday morning each in- habitant should clean the street in front of his dwelling and that no filth should be thrown in the street. Only a few years after the granting of the charter the following ordinance was passed :

Resolved, That an ordinance be issued forth that all the respectable inhabitants within said city do severally clean the streets from the dung, dust, chips and filth before their houses or lots in the said streets; and that all wood and stone, except for present building, or cooper's wood, be removed out of the said street before the 15th of April next ensuing, on penalty of paying for every default afterwards by them made, the sum of six shillings to the use of the Sheriff or any Constable who shall sue for the same. An that hereafter, if any dung, dust, chips or filth shall be found

HOWARD N. FULLER.

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(on any Saturday after twelve o'clock noon) lying in the said streets against the house or lot of any person within the said city, that such person shall pay, also, for such default and contempt, the like sum of six shillings, to be sued for as aforesaid. And that hogs or swine belonging to any of the said inhabitants be ringed with one ring in the nose before Saturday night next, and remain ringed from that time; and if the hog or swine of any person as aforesaid shall be found not ringed, the owners of such hog or swine shall pay for every such default or neglect the sum of six shillings to the Sheriff or Constable who shall sue for the same.

Another ordinance forbade driving through the streets faster than a walk, under penalty of three shillings. In writing of the streets of Al- bany in 1749, Kalm said:

The streets are broad and some of them are paved. In some parts they are lined with trees: the long streets are almost parallel to the river, and the others intersect them at right angles. The street which goes between the two churches is five times broader than the others, and serves as a market place. The streets upon the whole, are very dirty, because the people have their cattle in them during the summer nights.

On the early maps of Beverwyck only a few streets are mentioned, but in early conveyances the following names appear: Broadway was called Cow, de Breede (or Broad), Lower Hondlaers, and Brewers street; Hudson avenue was Spanish street; Green south of Beaver was Esplanade or Plain street; north of Beaver it was the Voddemart, or Rag market, and Cheapside; Chapel was Berg street; State was Jon- kers street, and South Pearl was De Klyne street. After the charter of 1686 the city was divided into three wards, the first of which em- braced all that part of the city south of Exchange and State streets ; the second the territory north of State and west of James streets; the third the portion north of State and Exchange streets and east of James street. When State street was laid out it was made of unusual width for those times, to accommodate the old Dutch church which stood in its center. The map of 1792 shows it 149 feet wide at Pearl street and gradually increasing in width until it is 158 feet at Lodge street, but from Broadway to the river it was very narrow as it is to this day. This broad street ascending straight up the hill has been an impressive one from the first. Spafford's Gazetteer, 1813, describes it as a grand avenue in the heart of the city, " where its opulence is to be displayed, where taste shall vie with taste, architect with architect, age with age, in perpetual succession." It was an unpaved avenue until 1796.

Perhaps the best description of Albany in about the middle of that

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century is from the entertaining pen of Mrs. Grant, in her delightful Memoirs of an American Lady (1764), as follows:

The City of Albany stretched along the banks of the Hudson. One very wide and broad street lay parallel to the river, the intermediate space be- tween it and the shore being occupied by gardens. A small but steep hill rose above the center of the town, on which stood a fort, intended (but very ill adapted) for the defense of the place and of the neighboring country. From the foot of this hill another street was built, sloping pretty rapidly down till it joined the one be- fore mentioned, that ran along the river. This street was still wider than the other. It was only paved on each side, the middle being occupied by public edifices. These con- sisted of a Market-place or Guard-house, a Town Hall, and the English and Dutch churches. The English Church, belonging to the Episcopal persuasion, and in the dio- cese of the Bishop of London, stood at the foot of the hill at the upper end of the street. The Dutch Church was situated at the bottom of the descent, where the street ter- minated. Two irregular streets, not so broad, but equally long, ran parallel to those, and a few even ones opened between them. The town, in proportion to its population, occupied a great space of ground. The city, in short, was a kind of semi-rural establishment. Every house had its garden, well, and a little green be- hind. Before every door a tree was planted, rendered interesting by being coeval with some beloved member of the family. Many of these trees were of prodigious size and extraordinary beauty, but without regularity, every one planting the kind that best pleased him, or which he thought would afford the most agreeable shade to the open portico at his door, which was surrounded by seats and ascended by a few steps. It was in these that each domestic group was seated in summer evenings lo enjoy the balmy twilight or the serenely clear moonlight.

This picture of rural simplicity has, however, a reverse side of busi- ness activity that was not so carefully noticed by Mrs. Grant. The business advantages of the place were attracting residents quite rapid- ly, the population of the county in 1723 having reached 6,501, which had increased in 1731 to 8,703, and was in 1790 3,506 in the city alone.

The Common Council on July 31, 1753, made an order that the pave- ment between the houses of Jacob Lansing and David Schuyler in the Third ward, be raised, so that the water that came down from the hill between those houses " may vent itself through the lane or street, and so down to the river."

In 1754 the council fixed the following rates of ferriage across the river :

For every person, if single 3 coppers

66 if more than one 2 coppers

head of cattle 9 coppers

cwt. of beaver or skins 4 coppers

The ferry-masters were directed to run their boats from sunrise to

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eight o'clock in the evening. At this time the ferry was in charge of Barnardus Bradt and Johannes Ten Broeck, who had paid the city £5 for its use and privilege. From that date until 1786 the ferrymen were Harmes Gansevoort, Philip John Schuyler, John Courtney, John Brom- ley, Thomas Lotridge, Dirck Hansen and Baltus Van Benthuysen. At stated times the council advertised that the right of ferriage would be sold to the highest bidder, a course that could be profitably adopted by the authorities in granting franchises in modern times and which has been followed in some cities in recent years. From 1754 to 1786 the amount paid for the ferry privilege ranged from £5 to £130. In the last named year a new ferry house forty by fifty feet in size was built by Baltus Van Benthuysen, and the city corporation issued the follow- ing schedule of rates:

Man or horse, ox or cow 9d. A calf or hog. 2 coppers

A sheep or lamb 2 coppers

For every wagon, or two horses with its loading, provided the same re- mains on the wagon 2 shillings

For every cart or wagon drawn by four horses or oxen, with or without loading 3 shillings

And 6d. for every ox or horse above that number

1s. 6d.

For every chaise or chair or horse

For every full chest or trunk 4 coppers

For every empty chest or trunk 2 coppers

For every barrel rum, sugar, molasses, full barrel 4 coppers

Articles of agreement were entered into November 15, 1768, between the city corporation and Stephen Van Rensselaer, under which the latter agreed that within three months of the granting to him by the Crown of letters patent giving him exclusive ferry privileges over the Hudson between Bears' Island and Cohoes, he would grant to the city the exclusive ferry privileges "from the mouth of a certain creek, com- monly known as De Vysele Kill, on the south of the city limits, to lands of H. Van Schack; with one acre of ground, to be taken by said Corporation in such position as it shall think most convenient to them, joining to and on the north bounds of John Van Rensselaer." Two years later (1770) the ferry to Greenbush was leased to Thomas Lott- ridge for three years at £30 a year, he to make a dock fourteen feet wide.

At a meeting of the Common Council held July 10, 1756, the follow- ing important resolution was adopted :

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Resolved, That the Clerk draw a deed to the Minister, Church Wardens and Vestrymen of St. Peter's Church, in the City of Albany, for them and their suc- cessors, in trust forever, for a piece of ground for a burial place, lying upon the hill adjoining the fort, agreeable to a map made by John R. Bleecker, and that the Mayor execute a deed, and cause the City Seal to be thereupon affixed in behalf of the Corporation.

It has been stated herein that by the Dongan charter the title to all the land within the city corporation was vested in the mayor, recorder, aldermen and Common Council. Under their right to sell, which was thus conferred, a great many transfers were made in early years, some of which are of historical importance. The first deed executed by the city corporation is dated November 1, 1687, the year after the charter. It conveyed land to Dr. Godfredius Dellius, pastor of the Dutch church. On account of its early date and its quaint wording we quote the con- veying clause :

To All Christian People to whom these presents Shall Come, the Mayor, Alder- · men, and Commonalty of ye Citty of Albany Send Greeting in our Lord God Ever- lasting. Know ye that for and in consideration of ye sum of three hundred an ninty pounds currant money of this province to them in hand paid, at and before ye en- sealing and delivery hereof, by Doctor Godfredius Dellius, Minister of ye Reformed Nether Dutch Congregational Dutch Church, Albany, a certain piece or parcel of land commonly called or known by ye name of Pasture, Situate, lying and being to ye Southward of ye said Citty, near ye place where ye Fort Stood, and extending along Hudson River till it comes over against ye most northerly point of ye island, commonly called Marston Gerrittsen's Island; having to ye east Hudson River, to Ye south ye manor of Renslarewck, to ye west of highway leading to ye Towne, Ye pasture lots in ye occupation of Martin or Marston Geritsen, and the pasture lot in ye occupation of Casper Jacobs, to the north of ye several pasture lots in ye occupa- tion of Robert Sanders, Myndert Harmons, and Evert Wendell, and ye Several Garden lots in ye tenure and Occupation of Killian Van Rensselaer and Abraham Staats. Together with All and Singular ye profits, commodities and appurtenances whatsoever to ye said Pasthur Piece or Parcel of land and Premises, or any part or parcel thereof Belonging or in any way appertaining to or with the same, now or at any time heretofore belonging or own'd occupied, enjoyed as part, parcell or mem- ber thereof, and All deeds, Evidences and writings Touching and Concerning the premises only.

This deed was signed by Peter Schuyler, mayor. Some of these public lands were sold at auction as seen in the following :

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

CHARLES F. STOWELL.

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On the 19th of February, 1761, the council by resolution directed John R. Bleecker to make a survey of the land described in a petition of the minister and officers of the Dutch church, leaving room for highways, for which land the board was to give a deed to the church in consideration of £50, and a reserve of £20 per annum forever. The tract thus conveyed contained 153 acres and is described in Bleecker's survey. In 1762 an important land transaction was consummated in the transfer of what has been known as the Wendell Patent, a tract in the heart of the city; the northwest line of this lot extended 1,207 feet in a straight line; the southwesterly corner was situated in the center of the block west of Eagle street, between Hamilton and Hudson streets; and the northeasterly corner, which was the end of the above mentioned straight line, terminated on the west side of Lodge street about 152 feet north of Howard street. The other boundaries of the tract were irregular, the southeast corner terminating in the corner of William street, about fifty feet south of Beaver street. In following the southeast line a bend and corner is situated in the center of the block between Philip, Grand, Hudson and Plain streets, the other re- maining corner terminating about ninety-five feet east of Eagle on the north side of Hamilton street. The original map of this tract is still in possession of descendants of the patentee, and the outline of the tract appears on some of the early maps.

The old records show that there was a corporation officer in those days called the town whipper, who had considerable employment in his peculiar official capacity. There are frequent instances where he was complimented for his good work in his particular line. In one case in 1762, when one Rick Van Toper held the office, he was voted five shil- lings and sixpence, in addition to his regular fees, "for the due and wholesome manner in which he laid the lash upon the back of Tiberius Haines," who had been convicted of beating his wife. On the 30th of January, 1789, the corporation agreed with Benjamin Gable to act as town-whipper at a yearly salary of £20.

At the beginning of Mayor Cuyler's administration in 1780 a ques- tion arose as to the right of the mayor and aldermen, who were by the charter made ex-officio members of the Supreme Court and the Court of Oyer and Terminer, to sit on the bench with the judges of those courts. When these courts sat on June 5, 1771, they were waited upon by a committee (appointed by the council), consisting of the mayor and Aldermen Yates and Ten Broeck, and informed that the mayor,

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recorder and six aldermen intended to sit with them on that day. After their withdrawal from the court the city officials received a com- munication from the judges denying their right to sit in such judicial capacity and concluding as follows :

We cannot conceive that your city charter can be so construed as to render this honorable Court a Mob, instead of a Bench of Judges with full consideration of their dignity and responsibility. We have therefore directed the Officers of the Court to prevent your taking your seats upon the Bench, in case you insist upon so doing.

As a result of this singular contest, the council adopted resolutions in October, expressing their determination to send a commission to New York and submit the matter to the colonial authorities. Alder- man Abraham Yates was selected for this mission, which was probably unsuccessful, as the records contain no allusion to the sitting of those officials in those courts; they were, however, members of the Court of Sessions of the City and County of Albany, as elsewhere explained.

In April, 1774, various changes were made in the city ordinances, among them being provisions for regulating the ferry between Albany and Greenbush; for grading and paving some of the streets; for regu- lating the line of vessels at the docks and wharves; regulating cartmen and their carts and the public market; against profaning the Lord's day; protecting the city from danger of gunpowder; preventing fires and accidents from fast driving, and many other minor matters.

It will already have been inferred by the reader that by far the most important business of the Common Council for many years was in rela- tion to the real property owned by the city corporation or coming into its possession under the provisions of the first charter. The provision enabling the corporation to purchase 1,000 acres of low land at " Tion- deroge " will be remembered. Under this, several Indians in June, 1721, conveyed a tract of eleven morgen of land to Mr. Cuyler in fee, whose heirs obtained from the corporation, April 24, 1769, for £30 a conveyance releasing the land. Again, on July 7, 1730, certain Indians conveyed about the same quantity land to Peter Brower for 999 years ; he on November 29, 1734, conveyed the same to the corporation, and on April 27, 1749, the corporation leased the land to Peter Brower for 999 years at the annual rent of one skipple of wheat for each morgen. Other parts of these lands were obtained from the corporation at the same annual rent, but leaving the larger part of the 1,000 acres the property of the city. In 1779 the Indians had all removed from these lands, and they had become occupied principally by refugees and

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squatters. What to do under these conditions and how to recover the rights of the city, was an important problem of that time. The whole question was finally referred to Peter W. Yates, one of the ablest law- yers of that era. His subsequent report was to the effect that the city and its successors had an undoubted estate in fee simple in the lands in question ; that although the Indian deeds could not be considered a part of the title, yet the city's title was paramount to that of any other claimant.

Other land difficulties soon arose in connection with the large and valuable tracts owned by the city at Schaghticoke (now in Rensselaer county). These lands were occupied by tenants who began to neglect to pay their rents. In order to learn the particulars of the situation the mayor and aldermen held a meeting at the house of Johannes Knickerbacker, at Schaghticoke, September 20, 1780, where they sum- moned the delinquents before them. Various excuses for the non pay- ment of rent were made, many claiming that none was due. There was no course left the city authorities but to proceed to extremities, and Peter W. Yates and John Lansing, jr., were retained and instructed to bring actions against all the tenants from whom rent was due, which was done. At a meeting held at the city hall January 30, 1784, at which were present the mayor, aldermen and assistant aldermen, the following resolution was adopted :

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

The resolution explains itself. When the actions were first brought in 1780, the suits were stayed upon agreement by the tenants to pay a certain quantity of wheat in regular settlement. Many did so, while others delayed, and some never paid. It was customary in those times for the city to receive its rents in wheat and large storehouses were frequently filled with grain and kept in charge of the chamberlain, who sold it under direction of the council. In times of scarcity this policy was of great benefit to the poor, and the sales to those who might be disposed to speculate were restricted in quantity to each buyer. In January, 1777, an order is recorded directing the chamberlain "to sell 100 skepels of thé wheat belonging to the Corporation, at four shillings sixpence per skepel, to those persons who had demands on the Board. No person to have more than three skepels at a time."

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In February, 1780, the question came before the Common Council of surrendering some of the privileges granted by the charter of 1686, and applying to the State Legislature for others. The matter met with much opposition and was long discussed, and final action post- poned until 1787, when on March 21, the act entitled "An Act for alter- ing the Charter Rights of the City of Albany," passed the Legislature. The principal changes took from the mayor the right to grant licenses to tavern keepers, victualers, and all retail dealers in liquors; also the right of the mayor and the aldermen to have the sole regulation of trade with the Indians; annulled the provision that a court of Com- mon Pleas should be held once in every fortnight before the mayor; and altered the time of election of aldermen, their assistants and the chamberlain to the last Tuesday in each year.

The city of Albany was now one hundred years old, and at the close of the war of the Revolution its growth was stimulated and its busi- ness interests rapidly increased. The enterprising Yankees saw their opportunity and came in large numbers to supplant the slow methods of the Dutch with their activity and ingenuity. Up to this time, it has been written, the city "old as it was, still retained its primitive aspect, and still stood in all its original simplicity, unchanged, un- modified, unimproved, still pertinaciously adhering in all its walks to the old track and the old form. The rude hand of innovation was then just beginning to be felt; and slight as was the touch, it was regarded as an injury, or resented as an insult." The Dutch resisted Yankee encroachment on their trade, but the new element was daily becoming strong, and before long they were overmatched.

Albany celebrated its one hundredth anniversary on July 22, 1486. A meeting of the Common Council was held July 15, in the City Hall, when the following resolution was adopted :

Resolved, That the 22d instant, being the jubilee of the charter of this city. be commemorated by a public feast at the City Hall; that a committee of five be ap- pointed to procure the materials necessary, and to regulate the same.

The committee appointed were Aldermen Philip Van Rensselaer, Peter W. Yates, and Assistants John W. Wendell, Richard Lash and Jelles Winne. On the 18th of July this committee reported as follows:

The Committee to whom was referred the mode of celebrating the 22d of July instant, being the century anniversary of this city, do report that, in their opinion, the Common Council do convene in the forenoon of that day, at ten o'clock, at the

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Landmarks of Albany County, New York, Part 31

Author: Parker, Amasa Junius, 1843-1938, ed Publication date: 1897 Publisher: Syracuse, N.Y. : D. Mason Number of Pages: 1374

Author: Parker, Amasa Junius, 1843-1938, ed
Publication date: 1897
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1374