USA > New York > Albany County > Albany > The annals of Albany, Vol. II. Second Edition > Part 6
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Amidst all this mild and really, tender indulgence to their negroes, these colonists had not the smallest scruple of conscience with regard to the right by which they held them in subjection. Had that been the case, their singular hu- manity would have been incompatible with continued injustice. But the truth is, that of law the generality of those people knew little ; and of philosophy, nothing at all. They sought their code of morality in the Bible, and there imagined they found this hapless race condemned to perpetual slavery ; and thought nothing remained for them but to lighten the chains of their fellow Christians, after having made them such. This I neither "extenuate," nor " set down in malice," but merely record the fact. At the same time it is but justice to record, also, a singular instance of moral delicacy distinguishing this settlement from every other in the like circumstances; though, from their simple and kindly mode of life, they
54
Description of Albany, and its Manners.
were from infancy in habits of familiarity with these humble friends, yet being early taught that nature had placed between them a barrier, which it was in a high de- gree criminal and disgraceful to pass, they considered a mixture of such distinct races with abhorrence, as a violation of her laws. This greatly conduced to the preservation of family happiness and concord. An ambiguous race, which the law does not acknowledge, and who (if they have any moral sense, must be as much ashamed of their parents as these last are of them) are certainly a dangerous, because degraded part of the community. How much more so must be those unfortunate beings who stand in the predicament of the bat in the fable, whom both birds and beasts disowned ? I am sorry to say that the progress of the British army, when it arrived, might be traced by a spurious and ambigu- ous race of this kind. But of a mulatto born before their arrival, I only remember a single instance; and from the regret and wonder it occasioned, considered it as singular. Colonel Schuyler, of whom I speak, had a relation so weak and defective in capacity, that he never was intrusted with any thing of his own, and lived an idle batchelor about the family. In process of time, a favorite negro- woman, to the great offence and scandal of the family, bore a child to him, whose color gave testimony to the relation. The boy was carefully educated; and when he grew up, a farm was allotted to him well stocked and fertile, but " in depth of woods embraced," about two miles back from the family seat. A destitute white woman, who had some- how wandered from the older.colonies, was induced to marry him; and all the branches of the family thought it incum- bent on them, now and then, to pay a quiet visit to Chalk, (for so, for some unknown reason, they always called him.) I have been in Chalk's house myself, and a most comfortable abode it was; but I considered him as a mysterious and anomalous being.
I have dwelt the longer on this singular instance of slavery, existing devoid of its attendant horrors, because the fidelity and affection resulting from a bond of union so early formed between master and servant contributed so very much to the safety of individuals, as well as to the general comfort of society.
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Return of Abercrombie's Army.
RETURN OF ABERCROMBIE'S ARMY.
After the defeat of the British under Abercrombie before Ticonderoga, in 1758, the corpse of the gallant and lamented Lord Howe was escorted to Albany by Philip Schuyler.1 In a few days the wounded of this proud but humbled army, were brought down, and received by the Schuylers at their farm residence, the Flats, as men and brethren. The barn was fitted up as a hospital, and a part of the house allotted to the surgeon, among whose patients was the afterward notorious Charles Lee, who was a captain in the forty-fourth regiment. On the advance of the army from Albany by the way of the Flats, Lee commanded one of the first de- tachments in the line of march ; and although he neglected to bring the customary warrants for impressing cattle and other necessaries, he, however, says Mrs. Grant, seized every thing he wanted wherever he could most readily find it, as if he were in a conquered country ; and not content with this violence, poured forth a volley of execrations on . those who presumed to question his right of appropriation. Even Mrs. Schuyler was not spared. On his return he shared the hospitalities of the mansion,2 and in the language of Mrs. Grant, " was received and treated as a child." Lee felt and acknowledged the resistless force of such generous humanity. He swore, in his vehement manner, he was sure there was a place reserved in heaven for Madam Schuyler, though no other woman should be there.
'For an authenticated account of the final destiny of the remains of Lord Howe, see Historical Collections of Albany, I, 390, 391.
The house of Madame Schuyler was soon after this event burned, but was rebuilt after her death, and a portion of the old wall is still seen in the present edifice.
1
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Charter of the City of Albany.
1
CHARTER OF THE CITY OF ALBANY.
This instrument was executed by Governor Thomas Don- gan, in 1686. In the Governor's report on the province, made in the following year to the committee of trade, he says :
" The town of Albany lyes within the Ranslaers colony, and to say truth the Ranslaers had the right to it for it was they settled the place, and upon a petition of one of them to our present King, about Albany, the petitioner was re- ferred to his Majesty's council at law, who upon a perusal of the Ranslaers papers, made their return that it was their opinion that it did belong to them; upon which there was an order sent over to Sir Edmond Andros, that the Rans- laers should be put in possession of Albany, and that every house should pay some two beavers, some more some less, according to their dimensions, per annum, for thirty years, and afterwards the Ranslaers to put what rent upon them they could agree for. What reason Sir Edmund Andros has given for not putting these orders in execution I know not. The Ranslaers came and brought me the same orders which I thought not convenient to execute, judgeing it not for his Majesty's interest that the second town of the Goverment and which brings his Majesty soe great a reve- nue should bee in the hands of any particular men. The town of itself is upon a barren sandy spot of land, and the inhabitants live wholly upon trade with the Indians. By the meanes of Mr. James Graham, Judge Palmer and Mr. Cortlandt, that have great influence on that people, I got the Ranslaers to release their pretence to the town and sixteen miles into the country for commons to the King, with liberty to cut firewood within the colony for one and twenty years. After I had obtained this release of the Ranslaers I passed the patent for Albany."
The citizens commissioned Peter Schuyler and Roberr Livingston to go to New York and receive the Charter from the hands of the Governor. The original document
57
Charter of the City of Albany.
is on file in the Chamberlain's office, dated July 22, 1686, as is also a copy of it printed by Hugh Gaine, in 1771, from the latter of which we have copied.1
Thomas Dongan, lieutenant and governor of the province of New York, and dependencies in America, under his most sacred majesty James the Second, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, etc., and supreme lord and proprietor of the said province of New York and its dependencies, to all persons to whom these presents shall or may come, or in any wise concern, sendeth greeting :
Whereas the town of Albany is an ancient town within the said province, and the inhabitants of the said town have held, used and enjoyed, as well within the same as elsewhere within the said province, divers and sundry rights, liberties, privileges, franchises, free customs, preeminences, advantages, jurisdictions, emoluments, and immunities as well by pre- scription, as by grants, confirmations and proclamations, not only by divers governors and commanders-in-chief in the said province, under his said majesty, but also of several governors, generals and commanders-in-chief of the Nether-Dutch Na- tion, whilst the same was or has been under their power and subjection. And whereas divers lands tenements and heredi- taments, jurisdictions, liberties, immunities 'and privileges have heretofore been given and granted to the inhabitants of the said town, sometimes by the name of commissaries of the town of Beverwyck; sometimes by the name of the commissaries of the town of Albany ; sometimes by the name of schepenen of Williamstadt; and sometimes by the name of justices of the peace for the town of Albany ; and by divers other names, as by their several grants, writings, records and minutes amongst other things may more fully appear. And whereas the inhabitants of the said town have erected. built, and appropriated at their own proper cost and charges, several public buildings, accommodations, and conveniencies for the said town, as also certain pieces or parcels of ground for the use of the same, that is to say, the town-hall, or stadt-
1 The Council Minutes of July 29, 1723, speak of a printed Charter (see vol. VIII, 288). It seems to have been first printed in 1706. (Annals, v, 134, 139).
. 58
Charter of the City of Albany.
house, with the ground thereunto belonging ; the church or meeting place, with the ground about the same; the burial place, adjoining to the palisades at the south east end of the town ; the watch house and ground thereunto belonging ; a certain piece or parcel of land, commonly called or known by the name of the Pasture, situate, lying and being to the southward of the said town, near the place where the old fort stood, and extending along Hudson river, till it comes over against the most northerly point of the island, commonly called Martin Geritsen's island, having to the east Hudson's river, to the south the manor of Rensselaerwyck, to the west the highway leading to the town, the Pasture late in the tenure and occupation of Martin Gerritsen, and the Pasture late in the tenure and occupation of Casper Jacobse, to the north the several pastures late in the tenure and occupation of Robert Sanders, Myndert Harmense, and Evert Wendel, and the several gardens late in the tenures and occupation of Dirk Wessels, Killian Van Rensselaer and Abraham Staats, with their and every of their appurtenances ; and also have established and settled one Ferry from the said town to Greenbush, situate on the other side of Hudson's river, for the accommodation and conveniency of passengers, the said citizens and travellers. And whereas several the inhabit- ants of the town, do hold from and under his most sacred majesty respectively, as well by several respective patents, grants and conveyances, made and granted by the late gover- nors and commanders-in-chief of the said province, as other- wise, several and respective messuages, lands, tenements, and hereditaments, in the town of Albany aforesaid, and that the said inhabitants of the said town of Albany and their heirs and assigns respectively, may hold, exercise, and enjoy, not only such and the same liberties, privileges, franchises, rights, royalties, free customs, jurisdictions and immunities, as they anciently have had, held, used and enjoyed, but also such public buildings, accommodations conveniencies, messuages, lands, tenements and heredita- ments in the said town of Albany, which as aforesaid, have been by the inhabitants erected and built, or which have as aforesaid been held, enjoyed, granted, and conveyed unto them, or any of them respectively.
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59
.
Charter of the City of Albany.
Know ye therefore, that Ithe said Thomas Dongan, by virtue of the commission and authority unto me given, and power in me presiding, at the humble petition of the justices of the peace of the said town of Albany, and for divers other good causes and considerations me thereunto moving, have given, granted, ratified and confirmed, and by these presents, for and on behalf of his most sacred majesty aforesaid, his heirs and successors, do give, grant, ratify, and confirm unto the said inhabitants of the said town, hereinafter agreed to be called by the name or names of the Mayor, Alderman, and Commonalty of the City of Albany, all and every such and the same liberties, privileges, franchises, rights, royalties, free customs, jurisdictions, and immunities, > which they have anciently had, held and enjoyed, provided always, that none of the said liberties, privileges, franchises, rights, free customs, jurisdictions; or immunities, be inconsis- tent with, or repugnant to, the laws of His Majesty's King- dom of England, or other the laws of the general assembly of this province; and the aforesaid public buildings, accom- modations and conveniences, pieces or parcels of ground in the said town, that is to say, the said town hall or stadt house, with the ground thereunto belonging ; the said church or meeting place, with the ground about the same; the said burying place, the watch house, and ground thereto belong- ing; the said pasture and the aforementioned ferry, with their and every of their rights, members, and appurtenances, together with all the profits, benefits and advantages that shall or may accrue or arise at all times hereafter, for anchor- age or wharfage in the harbor, port or wharf of the said city, with all and singular the rents, issues, profits, gains and advantages which shall or may arise, grow or accrue by the said town-hall or stadt-house, and the ground thereunto belonging ; church or meeting-place, with the ground about the same ; burying-place, watch-house, pasture, ferry, and other the above mentioned premises, or any of them, and also all and every the streets, lanes, highways and alleys, within the said city, for the public use and service of the said mayor, aldermen and commonalty of the said city, and of the inhabitants of the places adjacent, and travellers there ; together with full power, licence and authority to the said mayor, aldermen and commonalty, and their suc-
60
Charter of the City of Albany.
cessors for ever, to establish, appoint, order, and direct the establishing, making, laying-out, ordering, amending, and re- pairing of all streets, lanes, alleys, highways and bridges, water courses and ferries in and throughout the said city, or leading to the same, necessary, needful and convenient for the inhabitants of the said city, and the parts adjacent, and for travellers there : Provided always, that the said license, so as above granted for the establishing, making, and laying out streets, lanes, alleys, highways, ferries and bridges, be not extended or construed to extend, to the taking away of any person or persons right or property, without his or their consent, or by some known law of the said province. And for the consideration aforesaid, I do likewise give, grant, ratify, and confirm unto all and every the respective inhabitants of the said city of Albany, and their several and respective heirs and assigns, all and every the several respective messuages, lands, tenements, and hereditaments situate, lying and being in the said city, to severally and respectively granted, conveyed, and confirmed by any the late governors, lieutenants, or commanders in chief of the said province, or by the commissaries or justices of the peace, or other magistrates of Albany aforesaid, or otherwise howsoever ; to hold to their several and respective heirs and assigns forever.
. And I do by these presents, give and grant to the said mayor, aldermen, and commonalty of the said city of Albany, all the waste, vacant, unpatented and unappropriated land, lying and being within the said city of Albany, and the precincts and liberties thereof, extending and reaching to the low water mark, in, by, and through all parts of the said city ; together with all rivers, rivulets, coves, creeks, ponds, water courses, in the said city, not heretofore given or granted, by any of the former governors, lieutenants, or commanders-in-chief, under their, or some of their respective hands and seals, or the seal of the province, to some re- spective person or persons, late inhabitants of the said city, or of other parts of the said province; and also the royalties of fishing, fowling, hunting, hawking, mines, minerals, and other royalties and privileges, belonging or appertaining to the city of Albany (gold and silver mines only excepted.)
61
Charter of the City of Albany.
And I do by these presents give, grant, and confirm unto the said mayor, aldermen and commonalty of the said city of Albany, and their successors, forever, full and free licence and liberty of fishing in Hudson's river, not only within the limits of the said city, but without, even so far northward and southward, as the river does extend . itself, within the said county of Albany, together with free liberty, licence, and authority to and for the said mayor, aldermen, and commonalty of the city of Albany aforesaid, and their successors, at all time and times hereafter, for and during the space of one and twenty years, from and after the fourth day of November last past, to be accomplished and fully to be compleat and ended, to cut down and carry away, out of any part of the manor of Rensselaerwyck (provided it be not within any fenced or enclosed land) such firewood and timber, for building and fencing, as to them shall seem meet and convenient.
And I do by these presents, grant unto the said mayor, aldermen, and commonalty of the city of Albany, and their successors for ever hereafter ; all such strays as shall be taken within the limits, precincts, and bounds of the said city.
And I do by these presents, give and grant unto the said mayor, aldermen and commonalty of the city of Albany, and their successors, full liberty and license at their plea- sure, to purchase from the Indians, the quantity of five hundred acres of low or meadow land, lying at a certain place, called or known by the name of Schaahtecogue, which quantity of five hundred acres, shall, and may be, in what part of Schaahtecogue, or the land adjacent, as they the said mayor, aldermen and commonalty, of the city of Albany, shall think most convenient.
And I do by these presents, give and grant unto the said mayor, aldermen and commonalty, full power and license at their pleasure, likewise to purchase from the Indians, the quantity of one thousand acres of low or meadow land, lying at a certain place, called or known by the name of Tionnondoroge, which quantity of one thousand acres of low or meadow land, shall and may be in what part of Tionondo- roge, or the land adjacent on both sides of the river, as they Annals ii. 6
62
Charter of the City of Albany.
the said mayor, aldermen and commonalty of the said city of Albany, shall think most convenient ; which said several parcels of low or meadow land, I do hereby in behalf of his said majesty, his heirs and successors give, grant and confirm unto the said mayor, aldermen and commonalty of the city of Albany aforesaid, to be and remain to the use and behoof of them, and their successors forever. To have and to hold, all and singular the premises, to the said mayor, aldermen and commonalty of the said city of Albany, and their successors forever, rendering and paying therefor unto his most sacred majesty, his heirs, successors and assigns, or to such officer or receiver, as shall be appointed to receive the same, yearly, forever hereafter, the annual quit rent or acknowledgement of one beaver skin, in Albany, on the five and twentieth day of March, yearly forever. .
And moreover, I will, and by these presents for his said majesty, his heirs, and successors, grant, appoint, and de- clare, that the said city of Albany, and the compass, pre- cincts, and limits thereof, and the jurisdiction of the same, shall from henceforth extend and reach itself, and shall and may be able to reach forth and extend itself, as well in length and in breadth, as in circuit, on the east by Hudson's river, so far as low water mark ; to the south, by a line to be drawn from the southermost end of the Pasture, at the north end of the said island, called Martin Gerritsen's is- land, running back into the woods, sixteen English miles due northwest, to a certain kill or creek, called the Sandkill, on the north, to a line to be drawn from the post that was set by Governor Stuyvesant, near Hudson's river, running likewise northwest, sixteen English miles; and on the west by a straight line, to be drawn from the points of the said south and north lines; wherefore by these presents, I do firmly enjoin and command, for and on behalf of his said majesty, his heirs, and successors that the aforesaid mayor, aldermen and commonalty of the city aforesaid, and their successors, shall, and may freely and quietly have, hold, use, and enjoy the aforesaid liberties, authorities, jurisdic- tions, franchises, rights, royalties, privileges, advantages, exemptions, lands, tenements, hereditaments, and premises aforesaid, in manner and form aforesaid, according to the tenure and effect of the aforesaid grants, patents, customs
63
Charter of the City of Albany.
and these letters patent of grant and confirmation, without the let, hindrance, or impediment, of any of his majesty's governors, lieutenants,. or other officers whatsoever; and that the said mayor, aldermen and commonalty of the city aforesaid, and their successors, or any of them, in the free use and enjoyment of the premises, or any of them, by the lieutenants or governors of his said majesty, his heirs, and successors, or by any of them, shall not be hindred, molested, or in any wise disturbed.
And also I do for and on behalf of his most sacred majesty, his heirs and successors, ordain and grant to the mayor, aldermen and commonalty of the city of Albany, and their successors, by these presents, that for the better government of the said city, liberties and precincts thereof, there shall be forever hereafter, within the said city, a mayor, recorder, town clerk, and six aldermen, and six assistants, to be appointed, nominated, elected, chosen and sworn, as herein after is particularly and respectively men- tioned, who shall be forever hereafter, called, the mayor, aldermen and commonalty of the city of Albany, and that there shall be forever, one chamberlain or treasurer, one sheriff, one coroner, one clerk of the market, one high constable, three sub-constables, and one marshal or sergeant at mace, to be appointed, chosen, and sworn in manner hereinafter mentioned.
And I do, by these presents, for and on the behalf of his most sacred majesty, his heirs and successors, ordain, declare, constitute, grant and appoint, that the mayor, recorder, aldermen and assistants of the said city of Albany, for the time being, and their successors, forever hereafter, be, and shall be, by force of these presents, one body cor- porate and politic, in deed, fact, and name, by the name of, the mayor, aldermen and commonalty, of the city of Albany ; . and them by the name of, the mayor, aldermen and common- alty of the city of Albany, one body corporate and politic, in deed, fact, and name ; and I do really and fully create, ordain, make, constitute, and confirm by these presents, and that by the name of, the mayor, aldermen and commonalty of the city of Albany, they may have perpetual succession, and that they, and their successors, forever, by the name of, the mayor, aldermen and commonalty of the city of
64
Charter of the City of Albany.
Albany, be, and shall be, forever hereafter, persons able, and in law capable, to have, get, receive, and possess lands, tenements, rents, liberties, jurisdictions, franchises, and hereditaments, to them and their successors, in fee simple, or for term of life, lives or years, or otherwise; and also goods, chattels, and also other things of what nature, quality, or kind soever ; and also to give, grant, let, set, and assign the said lands, tenements, hereditaments, goods, and chattels, and to do and execute all other things in and about the same, by the name aforesaid ; and also, that they be, and forever shall be, persons able in law, capable to plead, and be impleaded, answer, and be answered unto, defend, and be defended, in all or any of the courts of his said majesty, and other places whatsoever, and before any judges, justices, and other person or persons whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes and matters whatsoever, of what nature, kind or quality soever, in the same and the like manner and form. as other people of this province, being persons able and in law capable, may plead and be impleaded, answer and be answered unto, defend and be defended, by any lawful ways or means whatsoever; and that the said mayor, aldermen and commonalty of the said city of Albany, and their successors shall and may forever hereafter, have one common seal to serve for the sealing of all and singular their affairs and businesses, touching or concerning the said corporation. And it shall and may be lawful to and for the said mayor, aldermen and commonalty of the said city of Albany, and their successors, as they shall see cause, to break, change, alter and new make their said common seal, and as often as to them it shall seem convenient.
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