USA > New York > New York City > Old New York : a journal relating to the history and antiquities of New York City, Vol. II > Part 23
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the whole Church and also in Consideration of a Certain Obliga- tion and Agreement bearing date exactly with these presents in Which said Obligation the said male members hereafter named do Covenant promise and agree to and with us the said John Carman, Samuel Edmunds and Samuel Dodge our heirs, &c. (as Trustees Above mentioned) to Indemnify and save us harmless with Respect to Several Bonds and Obligations Given by us the said Trustees to sundry persons on sundry sums of money Bor- rowed, for and made use of, by the said Church, Now be it known as aforesaid that we the said John Carman, Samuel Edmunds and Samuel Dodge have remised released Surrendered Assigned, Transferred and Set over and by these presents Do for ourselves our heirs executors and administrators fully & Absolutely remise release, Surrender, Assign, transfer and Set over, unto Jeremiah Dodge, John Degray, Elius Baily, Joseph Meeks, William Cole- grove, Francis Van Dyke, Nathaniel Tylee, Joseph Lester, Chris. topher Pearce, Jonathan Conry, Seth Pettit, Joseph Tilliew, Joseph Leonard, Nathaniel Beck, William Bennet, Abraham Can- non, Henry Bovee, Benjamin Betts, Adam Todd, Thomas Pringle, John Tomes, Jonathan Allerton, John Loror, William Lawson, and Gilbert Angevine all of the City of New York and Also unto Andrew Thompson, Elijah Atwood, Nicholas Andriese, Caleb Hall, Thomas Stratford, John Hamilton, John Lester, Joseph Clark, George Hadley and William Tippett of Several Neigh- bouring Counties and provinces, to them as the present Repre- sentatives of the Whole Church and to their Successors as a Church of the same Faith and Practice Agreeing with the Baptist Confession of Faith, Adopted by the Association at Philadelphia, September, 22, 1742. and reprinted in that City Anno : Dom : 1765 : to be held in a Constant Succession as a Baptist Church forever. All the Estate, Right, Interest Benefit, Trust Claim Demand Whatsoever Which we the said John Carman, Samuel Edmunds and Samuel Dodge our heirs Executors or Adminis- trators Can Shall or may have or Claim of in or to all, or any part or parcel of the Above named premises or Other Matter or thing Whatsoever in the Two Several Indentures Before mentioned or anything therein Contained or Expressed So that Neither we the said John Carman, Samuel Dodge or Samuel Edmunds nor any of
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us or our heirs Executors or Administrators at any time hereafter Shall or will Claim Challenge or demand any Interest property Benefit or Other thing in any manner by reason or means of the said Indentures or any Covenant therein Contained but thereof and therefrom .and of and from all Actions Suits and Demands Whatsoever Which we or Either of us our heirs Executors or Administrators Shall or may have Concerning the Same Shall be and hereby is forever Debar'd Only Reserving to ourselves such priviledges and Immunities as is Common to Individual members in full Communion with the Aforesaid Church.
In witness Whereof we the said John Carman, Samuel Edmunds and Samuel Dodge have hereunto Set our hands and Affixed our Seals this Fifth day of June in the sixth Year of the Reign of our Sovereign Lord George the Third and in the Year of our Lord Christ one thousand seven hundred and Sixty six.
JOHN CARMAN [L.S.] SAMUEL EDMUNDS [L.S.] SAMUEL DODGE [L.S.]
Sealed and Delivered in the presence of Garret Scholler, Edward Meeks.
Be it Remembered that upon the 5th day of December, 1766 personally Appeared Before me Daniel Horsmanden (Chief Justice of the Province of New York) the Within Named John Carman, Samuel Edmunds and Samuel Dodge Who Severally Acknowledged that the Signed, Sealed and delivered, the Within Instrument as their respective Voluntary Act and Deed and I having perused the same, and finding No Material Raizures or Interlineations therein Do Allow and order the same to be recorded.
DANIEL HORSMANDEN.
ELIZABETH KILLMASTER'S DEED.
Recorded for and at the Request of The Trustees of the Baptist Protestant Dissenting Congregation of the City of New York this third day of October, Anno : Dom : 1766 the two following Instru- ments.
The Indenture, made the Tenth day of February in the year of our Lord one thousand Seven hundred and Fifty-nine, Between
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Elizabeth Killmaster of the City of New York, Widow of the one part, and John Carman, Samuel Edmunds, and Samuel Dodds [Dodge] all of the same City, and Trustees of the Baptist protestant Dissenting Congregation in the said City of New York of the Other part, Witnesseth that the said Elizabeth Killmaster, for and in Consideration of the sum of One hundred and two pounds, Cur- rent money of New York, to her, the said Mary [Elizabeth] Kill- master, in hand paid, at and before the Ensealing and Delivery of these presents, the Receipt Whereof She Doth hereby Acknowl- edge and herself to be therewith fully Satisfied, Contented and paid, and thereof and therefrom, and of and from every part and parcel thereof, Doth Acquit, Release, exonerate and discharge them, the said John Carman, Samuel Edmonds and Samuel Dodds, their heirs, Executors, Administrators, and Assigns and every of them by these presents: she, the said Elizabeth Killmaster, hath Granted, Bargained, Sold, Aliened, Remised, Released, and Confirmed, and by these presents Doth Grant, Bargain, sell, Alien, remise, Release and Confirm unto the said John Carman, Samuel Edmunds, and Samuel Dobbs (in their Actual possession now be- ing, by Virtue of a Bargain and Sale to them, thereof made for one Whole year by Indenture, Bearing date the day next Before the Day of the date of these Presents, and by force and Virtue of the Statute made for Transferring of uses into possession) and to their heirs and Assigns for ever, All that Certain parcel or Lott of Ground Situate, lying, and being within the City of New York Aforesaid, in a Street of the said City Called by Name of Gold street, fronting to the said street, Bounded Westerly by the Lott of Ground now or late in the possession of Trintie Stephens, Easterly by the Lott of David Devoor, Containing in the Breadth thereof Twenty-six foot, and in length one hundred and four foot, Dutch measure Which said Lott of Land was formerly by Geesie Van Der Clife for a Valuable Consideration by deed, Dated the Second Day of September, Anno: Domini, one thou- sand six hundred and Ninety-five, Conveyed to one John Baker Together with all and Singular Wells, Walls, ways, passages Stables, Edifices, Buildings, Gardens, yards, fences, profits, privi- ledges, advantages, hereditaments, and Appurtenances to the same Belonging, or in any wise Appertaining, or which now are or
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formerly have been Reputed, taken, known, used, Occupied or Enjoyed, to be part, parcel and member thereof, and the rever- sion and Reversions, Remainder, and Remainders, Rents, Issues and proffitts of all and Singular the said Premises Above mentioned and of Every part and parcel thereof, with the Appurtenances ; and all the Estate, Right, Title, Interest, Property, Possession, Claim, and Demand Whatsoever of her, the said Elizabeth Kill- master, of, in or to the same or any part and parcel thereof, To have and to hold the said Lott of Ground and premises Above mentioned and every Part and parcel thereof, with their and Every of their Appurtenances, unto the said John Carman, Sam- uel Edmunds, and Samuel Dodds, their heirs and Assigns for- ever, In Trust nevertheless, and the premises hereby concerned are purchased by the said John Carman, Samuel Edmunds, and Samuels Dodds, to and for the use, benefit, and Behalf of a Bap- tist protestant Dissenting Congregation in the city of New York now and for ever, and for no Other use, Intent and purpose Whatsoever, and the said Elizabeth Killmaster, her heirs, Exec- utors, and Administrators, and each and every of them, doth Covenant, promise, Grant, and agree to and with the said John Carman, Samuel Edmunds, and Samuel Dodds, their heirs and Assigns, in manner and form following, that is to say, that she, the said Elizabeth Killmaster, at the Time of the Ensealing and delivery of the presents, is the True, Lawful, and Rightful Owner and Proprietor of the Aforesaid Lott of Ground and Premises with the Appurtenances, and every part and Parcel thereof, of a Good, pure, Perfect, and Indefeazible Estate of Inheritance in fee Simple, with without any manner of Condition or Limita- tion of use or uses, or any Other matter, Cause or thing Whatso- ever to Determine, Alter, Change, or Defeat the same, and that she, the said Elizabeth Killmaster, hath in herself Good Right, full power, and Lawfull and Absolute Authority to Grant, Bar- gain, Sell, Remise, Release, and Confirm the same unto the said John Carman, Samuel Edmunds and Samuel Dodds, their heirs and Assigns, in manner and form Aforesaid ; and Also that they the said John Carman, Samuel Edmunds, and Samuel Dodds, their heirs and Assigns and every of them, shall and may from Time to Time, and at all Times forever hereafter have hold, use,
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Occupy, Possess, and Enjoy all and Singular the premises hereby Conveyed, and every part and parcel thereof, without any Let, Suit, Trouble, demand, Eviction, Erection, or Interruption Whatso- ever, of or by her, the said Elizabeth Killmaster, her heirs or Of or by any Other person or persons Whatsoever having or lawfull Claiming any Estate, Right, Title or Interest of in or to the same or any part and parcel thereof, and that free and Clear, and freely and Clearly Acquitted, Exonerated, and Discharged of and from all former and Other Bargains, Sales, Gifts, Grants, Dowers, Right and Title of Dower, Mortgages, Judgments, Executions and all Other Estates, Rights, Titles, Troubles, Charges, and Incumbrances Whatsoever had made, Committed, Done, or Snf- fered, or to be made, Committed, done or Suffered in any wise, howsoever, by her, the said Elizabeth Killmaster, or any Other person or persons Whatsoever; and Lastly the said Elizabeth Killmaster and her heirs, the Aforesaid Lott of Ground and premises, with the Appurtenances hereby Granted and released, and every part and parcel thereof unto them, the said John Car- man, Samuel Edmunds and Samuel Dodds, their heirs and Assigns against ber, the said Elizabeth Killmaster, her heirs and Assigns, and against all and every Other person or persons Whomsoever shall and will Warrant and forever Defend by these presents :
In Witness Whereof the parties first Above named to these presents have hereunto Interchangeably set their hands and Seals the day and Year first Above Written.
ELIZABETH KILLMASTER [L.S.] Sealed and Delivered in the presence of (Being first Duly Stampt)
AUG. V. CORTLANDT. BENJ. A. HELME.
Received the Day and Year first within Written of and from the within Named John Carman, Samuel Edmunds, and Samuel Dodds, or one of them, the sum of One hundred and Two pounds, Current money of New York, it being the full Consideration money within mentioned to be paid to Me,
£102 ELIZABETH KILLMASTER. Witnessed by Augs. V. Cortlandt.
City of New York ss : Be it Remembered that on the Twenty-
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Sixth Day of September, Annoq Domini one thousand Seven hun- dred and Sixty-six personall Came and Appeared Before me, John Van Cortlandt, one of the Masters in Chancery for the province of New York, Elizabeth Killmaster, and Acknowledged that she signed, Sealed and Delivered the within Written Indenture of Re- lease as her Voluntary Act and Deed to the user therein mentioned, and I having Inspected the same and finding no Material razures or Interlineations therein Do Allow the same to be Recorded.
JNO: V. CORTLANDT M. Chan:
SLOO'S CONVEYANCE.
Nathaniel Sloo, mariner, and Elizabeth his wife, of the city of New York conveyed, by deed of bargain and sale, "to John Car- man, cartman, Samuel Edmunds, bricklayer, and Samuel Dodge, house carpenter, Trustees and Overseers of the Baptist Protestant Dissenters in the city of New York, by and with advice and con- sent of the said Elizabeth his wife, for a consideration of £110 described Current money of New York," the following described property :
" All that Certain Lott, piece, or parcel of Ground Situate, lying, and being Situate, lying, and being in the City of New York in the East ward of the said city, on the Northern most side of Golden Street, adjoining to the ground now or late of George Elsworth on the one side, on the Other side Rounded by the Ground formerly of Francis Wessells, but now or late in the possession of Elizabeth Kilmaster, and Opposite to the Ground formerly of Getia Van Der Clife, but now or late of Barent Smith, Containing in the Breadth thereof from front to rear twenty-five feet and in length One hundred and five feet, which said Lott, piece, or parcel of Ground was heretofore Granted and Conveyed by Abraham Russells to Benjamin Appleby by Deed bearing Date the Twentieth Day of February in the year of our Lord one Thousand seven hundred and Eighteen, and by the said Benjamin Appleby and Frances his wife by Indentures of Lease and Release bearing date the Twenty fourth and Twenty fifth days of June One thousand Seven hundred and Twenty three, was Conveyed to one Thomas Child and was After- wards Conveyed by the said Thomas Child by deed Bearing date
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the Tenth day of May One Thousand seven hundred and Twenty nine, to Mary Wennells, and Descended to Elizabeth Killmaster (Daughter of the said Mary Wennels), Who conveyed the same by deed bearing date the Twenty fourth Day of November, One Thousand seven hundred and fifty five to the said Nathaniel Sloo, party to these presents."
The lease and release, in effect a conveyance in fee simple abso- lute, with full covenants, confirming the title of the trustees to the devised property, was executed and admitted of record September 30th, 1766 by John Van Cortlandt, Master in Chancery. Wit- nesses to the execution and delivery and to the payment of the pur- chase money by the Trustees were Lambert Moore, Charles Moore, William Callister and Henry Stryker.
GEN. ALEXANDER MCDOUGALL.
We are indebted to the courtesy of the Bank of New York for the admirable portrait we present of its first President, the Revolu- tionary hero, Major-General Alexander McDougall. He took a very active part in the events which led up to the Revolution, and during the struggle his best energies were always at the ser- vice of his country. He was born in Scotland, on the island of Islay, in 1731, coming to this country with his father as a boy. Tradition says, and his enemies repeated it, that his first calling was that of a milkman's boy. Afterwards he went to sea, rising until he came into command. During the French and Indian war he was the captain of a privateer called the "Tiger." He left this occupation soon after, and became a shipping merchant, being also known for his attention to public affairs. He was a Son of Liberty in 1765, and ten years later was made the com- mander of one of the New York regiments. He was commis- sioned a Brigadier-General in 1776, being engaged in all the con- flicts around New York. When Arnold betrayed his country, he was succeeded in the command of the post at West Point by General MeDougall, who enjoyed the full confidence of General
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Washington. He had been made a Major General in 1777. After the close of the war he was elected a State Senator, and when the Bank of New York was proposed he was its first President. Philadelphia had then had a bank only a short time, and there was none in Boston. There was no precedent for its guidance. The first meeting was held on the 26th of February, 1784; the bank went into operation on the 9th of June the same year, at 67 St. George's Square, in the building known for so many years as the Walton House; General McDougall declined a reelection on the 9th of May, 1785, and died on the 9th of June, 1786.
We shall in the near future present a more extended sketch of this patriot, and also another of the Bank of New York, which has had a long and useful career. It will be noted that the General did not spell his name as we do that of the street that was called after him, Macdougal. The portrait was obtained for the bank by the kindly offices of General J. Watts de Peyster.
THE DUTCH RECORDS OF NEW YORK.
With this number we begin the publication of the records of the city of New York, which extend from the last day of May, 1647, to the present time. All the volumes are still in existence, with the exception of one of a comparatively recent date, but many of the older ones are in a flimsy condition, owing to changes in the chemical composition of the paper by time, heat and moist- ure. The leaves rattle and crackle, and can be broken very easily. The Dutch and English records are in two great safes, made expressly for the purpose of containing them. Very few persons have seen them, and for many years copying has only been allowed by express permission of the Common Council. This was lately granted to the editor of this magazine, and what is here contained is the first installment. The Dutch records are in the first ten volumes. A translation of the first was made by the Rev. Dr. Westbrook, of Harlem, and was afterwards revised
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by Dr. E. B. O'Callaghan, who translated the other nine volumes, his work being much better than that of Dr. Westbrook. Portions of this record have appeared in Valentine's Manual, the different historians of the city have each looked through parts of the series, and they have been carefully read by John Romeyn Brodhead and Judge Charles P. Daly. With these exceptions, they have remained sealed. It was the design of Henry B. Dawson at one time to publish them in his Historical Magazine, and he accord- ingly began the work in series second of that repertory, but he soon tired of it, or found that he could not afford it. That peri- odical, on the whole the most satisfactory relating to American history ever published, was brought out very irregularly and with a great deal of difficulty. It was hard to meet printers' bills. The notes which he designed for the purpose of elucidating the text we give, affixing the initial D. Readers, who are not famil- iar with Mr. Dawson's character need to be cautioned that he was a man of most violent prejudices and dislikes, and that be- cause he praises or blames a man it does not follow that he was really such a person as he states. It is also proper to say that Dr. O'Callaghan prepared for publication, and stereotype plates were actually made of the whole of these annals, but no impressions were taken other than proof. This was during the time that Tweed was governing the city. The printing was not begun, in consequence of the exposure, and the printers could not recover pay for their work. Just at that time a fire broke out in the office of the New York Printing Company, which was another name for Tweed and his associates, and it was reported that the plates were destroyed. Some of our leading antiquaries, however, doubt this story, and say that under cover of this fire the plates were spirited away, and have ever since been held for a ransom. They cost the city in the neighborhood of fifty thousand dollars, includ- ing Dr. O'Callaghan's time, and could probably be obtained for five thousand.
The publication of these records will continue from month to month, the quantity given being in proportion to the pecuniary support that shall be obtained. If enough pledges can be obtained so that one hundred pages an issue can be used, the entire Dutch period will be completed in less than two years.
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DRINKING ON THE SABBATH DAY.
Ordinances, &c., of the Director General and the Council of New Netherland.
To all persons to whom these presents may or shall come, or who may or shall hear them read: Petrus Stuyvesant, Director General of New Netherland, Curacoa, &c., and the Islands of the same, Captain and Commander of the Company's Ships and Vessels cruising in the West Indies, Sendeth Greeting: Whereas we have observed and remarked the insolence of some of our inhabitants who are in the habit of getting drunk, of quarreling, fighting, and of smiting each other on the Lord's day of rest, of which on the last Sunday we ourselves witnessed the painful scenes, and we came to the knowledge of by report, in defiance of the Magistrates, to the contempt and disregard of our person and authority, to the great annoyance of the Neighbourhood, and finally to the injury and dis- honouring of God's holy lawsand commandments, which enjoin upon us to honor and sanctify Him on this holy day of rest, and which proscribe all personal injury and murder, with the means and temptations that may lead thereunto. Therefore, by the advice of his Excellency the Director General and our ordained Council here present, to the end that we may, as far as it is possible and prac- ticable, take all due care and prevent the curse of God instead of His blessing from falling upon us and our good inhabitants, we do by these presents charge, command, and enjoin upon all Tapsters and Innkeepers that on the Sabbath of the Lord, commonly called Sunday, before two of the Clock in the afternoon, in case there is no preaching, or otherwise before four of the Clock in the after- noon, they shall not be permitted to set, nor draw, nor bring out for any person or persons, any wines, beers, nor any strong waters of any kind whatsoever and whatever pretext, excepting only per- sons travelling, and the daily boarders that may from necessity be confined to their places of abode, in the penalty of being deprived of their occupations, and over that in the penalty of six carolus gelders for each person that during said time may or shall have run up a score for any wine or beer in their house. And, further- more, we do hereby forbid all Innkeepers and Tapsters whatsoever to keep his house open for common company or to tap, or to deal
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out on said day or any day in the week after the ringing of the bell in the evening, which shall take place about nine of the Clock, any wines, beers or strong waters, excepting all the members of their Familys, travellers, and boarders under the same penalty. And to the end that we may take all due care to prevent all rash drawing of knives, all fightings and personal injuries, and all catastrophies resulting from the same, Therefore, with the praise- worthy approbation of their High, Wise and Honorable Councillors of the City of Amsterdam in New Netherland, by these presents we do proclaim and ordain that all persons who shall rashly or in anger draw, or who shall have drawn any knife or dagger against another person, in such case shall be fined in the penalty of One Hundred Carolus gelders, or in case of their failure in the payment of the same, they shall be put to the most menial labour, with bread and water for their subsistence, or in case any person shall have been wounded thereby, the penalty shall be Three hundred Carolus Gelders, or an additional half year's confinement to the most menial labour with bread and water for their subsistence. We do also charge and command our Fiscal, Our Lieutenants, Our Sergeants, Corporals and every one of our Citizens and inhabitants, as well as the Soldiers, on all Occasions, with all due zeal and ac- tivity and fidelity, to take measures that all such persons be pur- sued and apprehended, so that they may be proceeded against and dealt with as the Law directs. Done in Fort Amsterdam on this last day of May in the Year of Our Lord One thousand Six hund- red and forty-seven. 1647.
TRADE WITH THE INDIANS.
Whereas his Excellency the Director General and the Honor- able the Council have been credibly informed that certain indi- vidual traders engaged in the Southern trades, and sailing under the license of this Government, are in the practice of going into the interior and entering into the Maquaes Country, whereby the regular traffic is ruined not only, but to the great damage and loss of the privileges of those traders who remain with their Cargoes at the usual places of deposit, and moreover by such means the good understanding with Indians may be interrupted and they may be stirred up to murder and put to death such and
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such persons, whereby these districts of country are in constant danger of being brought into difficulty and war. Therefore, to the end that we may in the most effectual way guard the interest and honour of the West India Company, we have forbidden and interdicted, and we do by these presents from this time forbid and interdict every one of Our Inhabitants from having the hardi- hood to go into the interior with any cargoes or any other mer- chandize ; but they shall leave them at the usual places of deposit and then wait for trade. Thus done at Fort Amsterdam in New Netherland this Eighteenth day of June in the year of Our Lord One thousand six hundred and forty-seven. 1647.
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