USA > New York > Albany County > Albany > The annals of Albany, Vol. II. Second Edition > Part 8
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Charter of the City of Albany.
here does or may extend, to be managed and transacted only by the freemen, being actual inhabitants within the said city and within the now walls or stockadoes thereof, and not elsewhere. And I do hereby, for his said majesty, his heirs and successors, absolutely forbid and prohibit all and every the inhabitants of the said province of New York, (the inhabitants of the said city of Albany, only excepted) to trade or traffic with any of the five nations of Indians, called the Senekas, Cayouges, Onnondages, Oneydes, and Maqueas, who live to the westward, or with any other Indian or Indians whatsoever, within the county of Albany, or to the eastward, northward or westward thereof, so far as his said majesty's dominions here, do or may extend, or to have or keep in their houses or elsewhere, any Indian goods or merchandize, upon the pain and penalty of the forfeiture and confiscation of such Indian commodities, whether the same be beavers, peltry or other Indian com- modities, whatsoever, except Indian corn, venison, and dressed deer skins, to trade for, and upon pain and penalty of the forfeiture and confiscation of all such Indian goods and merchandizes, as guns, powder, lead, duffels, rum and all other Indian goods and merchandize, which shall at any time hereafter be found, concealed, or kept in any house or place without the walls of the said city, and within the said county of Albany, and the other limits and boundaries herein before set forth and prescribed; and in case any person or persons whatsoever shall at any time hereafter, out of the walls of the said city, and within the said county, or the other limits and boundaries herein before set forth and prescribed, trade or traffic with any Indian or Indians, for any beavers, peltry, or other Indian commodities, (except before excepted) or there shall conceal and keep any Indian goods, wares or merchandizes in any house or place as afore- said; then it shall and may be lawful for the mayor, recorder, or any of the aldermen for the time being, by warrant under their or any of their hands, to cause such Indian commodities so traded for, and such goods or merchandizes so keptand con- cealed without the walls of the said city, wheresoever they shall be found within the said city or county, or without the same, within the limits and boundaries before expressed, to be seized, and the same to be condemned and confiscate, in the
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Charter of the City of Albany.
court of pleas, or common pleas in the said city, or any other court of record within the said city or province, one third part to the mayor of the said city for the time being, one third part to such person or persons as shall inform or sue for the same, and the other third part to the use of the mayor, aldermen and commonalty of the said city of Al- bany, and their successors forever. And also, that it shall and may be lawful to and for the mayor, recorder and aldermen of the said city for the time being, by a warrant under their or any of their hands and seals, to cause such . person or persons, as shall presume to trade or traffic with the Indians contrary to the form and effect of these pre- sents, to be apprehended wherever they shall be found within the limits and boundaries herein before prescribed, to answer the same at the court of pleas and common pleas in the said city, or any other court of record within the said city or province, where being legally convicted thereof, such person or persons, over and besides the forfeiture and con- fiscation of such goods, merchandizes and commodities as aforesaid, shall be fineable, and fined in such sum or sums of money, (not exceeding twenty pounds, current money of this country) at the discretion of such court, before whom he or they shall be prosecuted, shall be thought reasonable and convenient; which said fines shall be one- third part to the person who shall inform and prosecute for the same, and the other two-thirds to the use of mayor, aldermen and commonalty, and their successors forever.
And further, I do by these presents, for and on behalf of his said majesty, his heirs and successors, grant and declare to the said mayor, aldermen and commonalty of Albany, and their successors, that his majesty, his heirs and suc- cessors, or any of his or their governors, lieutenants, commanders in chief, or other officers, shall not, or will not, from henceforth, forever, hereafter, grant unto any person or persons whatsoever, any license or licenses, to. hunt within the said county of Albany, or to the eastward, north- ward or westward, so far as his said majesty's dominions here, doth, or may extend, without the consent and ap- probation of the mayor, aldermen and commonalty of the said city of Albany, for the time being, by the said person or persons first to be had and obtained.
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Charter of the City of Albany.
And further, I do, by these presents, for his said majesty, and his successors, grant to the said mayor, aldermen and commonalty of the said city, that they and their successors be forever, persons able and capable, and shall have power to purchase, have, take, and possess in fee simple, lands, tenements, rents, and other possessions, within or without the same city to them and their successors forever, so as the same exceed not the yearly value of one thousand pounds per annum, the statute of mortmain, or any other law to the contrary notwithstanding ; and the same lands, ten- ements, hereditaments, and premises or any part thereof to de- mise, grant, lease, set over, assign and dispose at their own will and pleasure, and to make, seal, and accomplish any deed or deeds, lease or leases, evidences or writings for or concerning the same or any part thereof, which shall happen to be made and granted by the said mayor, aldermen and commonalty of the said city for the time being.
And further, for and on behalf of his said majesty, his heirs and successors, I do, by these presents, grant to the said mayor, aldermen and commonalty, that they and their successors shall and may forever hereafter, hold and keep within the said city, in every week in the year, two market days, the one upon Wednesday, and the other upon Satur- day, weekly forever.
And also, I do by these presents, for and on behalf of his said majesty, his heirs and successors, grant to the said mayor, aldermen and commonalty of the said city, that they and their successors and assigns shall and may at any time or times hereafter, build a public weigh-house in such part of the said city, as to them shall seem convenient ; and that they the said mayor, aldermen, and commonalty shall and may receive, perceive, and take to their own proper use and behoof all and singular the issues and profits therefrom or thereby arising or accruing; as also, that they the said mayor, aldermen and commonalty of the said city of Al- bany, their heirs and successors, shall and may at any time or times hereafter, when it to them shall seem fit and con- venient, to take in, fill and make up, and lay out all and singular the ground and lands within the limits and precinct of the said city, and the same to build upon and make use of in other manner or way as to them shall seem fit, as far
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Charter of the City of Albany.
into the river that passeth by the same as low water mark aforesaid.
And further, and on behalf of his said majesty, his heirs and successors, I do, by these presents, give and grant unto the aforesaid mayor, aldermen and commonalty of the said city of Albany, and their successors, that they and their successors, shall and may have, hold and keep within the said city, liberties and precincts thereof, once every fort- night in every year forever, upon Tuesday, one court of common pleas for all actions of debt, trespass upon the case, detinue, ejectment, and other personal actions, and the same to be held, before the mayor, recorder and aldermen, or any three of them, (whereof the mayor or recorder to be one,) who shall have power to hear and determine the same pleas and actions, according to the rules of common law, acts of the general assembly of the said province, and the course of other corporations in the like nature.
And further, for and on the behalf of his said majesty, his heirs and successors, I do, by these presents, give and grant to the said mayor, aldermen and commonalty of the said city of Albany, and their successors forever, that the mayor of the said city for the time being, shall and may determine all and all manner of actions, or causes whatsoever, to be had, moved or depending between party and party, so always as the same exceed not the value of forty shillings, current money of this province.
And further, for and on behalf of his said majesty, his heirs and successors, I do grant to the said mayor, aldermen and commonalty of the said city, and their successors for- ever, that the mayor, recorder and aldermen of the said city shall always be, so long as they shall continue in their said respective offices, justices of the peace for the said county, and as such shall and may sit in the courts of sessions, or county courts, and courts of oyer and terminer that shall from time to time be held and kept within the said county; and that the mayor, recorder, or some one of the aldermen of the said city for the time being, shall and may always preside in or be president of such county courts or courts of sessions, to be held within the said county, as aforesaid, and that the sheriff of the said city for the time being, shall always be sheriff of the said county; also that
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Charter of the City of Albany ..
the town clerk of the said city for the time being, shall al- ways be the clerk of the peace, and clerk of the court of sessions, or county courts for the said county.
And further, I do, for and on the behalf of his said ma- jesty, his heirs and successors, by these presents grant to the said mayor, aldermen and commonalty of the said city of Albany, and their successors, that the said mayor, alder- men and commonalty of the said city, and their successors, shall have and enjoy all the privileges, franchises, and pow- ers that they have and use, or that any of their predecessors, at any time within the space of twenty years last past, had, took, or enjoyed, or 'ought to have had, by reason, or under pretence of any further charter, grant, prescription, or any other right, custom or usage, although the same have been forfeit or lost, or hath been ill used or not used, or abused, or discontinued, albeit they be not particularly mentioned herein ; and no officer shall disturb them therein, under any pretence whatsoever, not only for their future, but their present enjoyment thereof, provided always, that the said privileges, franchises and powers be not inconsistent with, or repugnant to the laws of his majesty's kingdom of England, or other the laws of the General Assembly as afore- said, and saving to his majesty, his heirs, successors and as- signs, and his commanders in chief, lieutenants, governors and other officers under him or them in his Fort Albany, in or by the city of Albany, and in all the liberties, boundaries, extents and privileges thereof, for the maintenance of the said fort and garrison there, all the right, use, title and authority, which his said majesty, or any of his said com- manders-in-chief, lieutenants, and other officers have had used or exercised there, (excepting the said pasture herein before granted, or mentioned to be granted, to the said mayor, aldermen and commonalty of the city of Albany, aforesaid,) and saving to all other persons, bodies politic and corporate, their heirs, successors and assigns, all such right, · title and claim, possessions, rents, services, commons, emolu- ments and interest, of, in and to any thing that is theirs save only the franchises aforesaid, in as ample manner as if this charter had not been made.
And further, I do appoint and declare, that the incorpora- tion to be founded by this charter shall not at any time
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Charter of the City of Albany.
hereafter do or suffer to be done, anything by which the lands, tenements or hereditaments, stock, goods, or chattels thereof, or in the hands, custody or possession of any of the citizens of the said city, such as have been set, let, given, granted, or collected, to and for pious and charitable uses, shall be wasted or misemployed, contrary to the trust or intent of the founder or giver thereof. And that such, and no other construction shall be made hereof, than that which may tend most to advance religion, justice and the public good, and to suppress all acts and contrivances to be invented or put in use contrary hereunto. In witness whereof I have to these presents set my hand, and thereto have affixed the seal of the said province, and caused the same to be enrolled in the secretary's office of the said province this two and twentieth day of July, in the second year of his said majesty's reign, and in the year of our Lord, one thousand six hundred eighty and six.
THOMAS DONGAN.
The City Records.
THE CITY RECORDS.
The early records of the colony, and of the city also, were written in the Dutch language, until about 1686, There is a mass of books and papers relating to Albany in the office of the secretary of state, and in the county clerk's office; the latter in an imperfect state, and written in a very obscure manner. The records in the office of the clerk of the common council begin in 1668. The first volume consists of minutes of the court from 1668 to 1673, written in Dutch. The second volume consists of the pro- ceedings of the commissarissen, or magistrates, of the city of Albany from 1676 to 1680. The third volume contains the proceedings of the justices of the peace from 1680 to 1685. These are bound in vellum, and are mostly in Nederduytsche, generally very well written. The common council ordered them to be translated several years ago, but the person employed for that purpose has merely given a synopsis of the two last volumes, in such a way that they are of no use to any body. The minutes of the common council are very well preserved, as far as we have observed, from the time the charter was received, in 1686. The following transactions of the common council under the charter are extracts from the records referred to, taken from the volume marked No. 3, which, by the way, is a part of the contents of No. 4, transcribed in a fairer cha- acter.
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1686 to 1695.
IN NOMINE DOMINO JESU CHRISTI AMEN.
Att a meeting of ye Justices of ye peace for ye county of Albany, ye 26th day of July, A. D. 1686.
Pieter Schuyler, gent. and Robt Livingston, gent., who were commissionated by ye towne of Albanie, to goe to New Yorke and procure ye Charter for this citty wh was agreed
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The City Records.
upon between ye magistrates and ye right hon, Col. Tho. Dongan, Gov. Gen !. who accordingly have brought the same along with them, and was published with all ye joy and acclamations imaginable; and ye said two gentm received ye thanks of ye magistrates and burgesses for their dili- gence and care in obtaining ye same; and whereas Pieter Schuyler is nominated and appointed to be mayor of ye citty of Albany by ye said charter, till such time that anoyr. fitt person be chosen in his room. Was sworn as follows :
Whereas you Pieter Schuyler are appointed and commis- sionated to be mayor and clerk of ye market and coroner of . ye citty of Albany, as also coroner for ye sd county, by ye charter granted to ye said citty by ye Right Honte Coll. Tho. Dongan, Gov. Gen1. of this province, you doe swear by ye ever living God, yt yu will truly endevor, to ye best of yr skill, with a good conshience and according to ye laws of this Go- vernment dispence justice equally in all cases and to all p'sons whercunto by vertue of yr office you are impowered, and further officiat and perform ye duty and office of mayor, clerk of ye market, and coroner, in every respect to ye best of yr knowledge and capacity, so help yu God.
These following persons were ordained aldermen by ·ye charter ye ensuing year.
DIRK WESSELS, JAN JANSZ BLEEKER, DAVID SCHUYLER,
JOHANNES WENDEL, LEVINUS VAN SCHAIK, ADRIAN GERRITSE.
The oath administred to them was :
Whereas, you Dirk Wessels, Jan Jansz Bleeker, David · Schuyler, Johannes Wendell, Levinus van Schaik and Adrian Gerritse, by ye charter of privileges of ye city of Albany, graunted by ye Right Honble Col. Tho. Dongan, Go- vern' Gen !! dated ye 22d of this instant July, and assigned, constituted and made to be ye present aldermen for ye city aforsd you doe swear by ye etternall and almighty God, that according to ye best of yr skill and capacity, you truly endevor with a good conshience and according to ye laws of this go- vernment, dispence justice equally and impartially in all cases and to all persons whereunto by virtue of your office you are impowered, and endeavor and further ye welfare and prosperity of this city as farr as it in yu lyes so help you God.
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The City Records ..
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These following persons were ordained assistants by ye charter for ye ensuing year.
JAN LANSING, ISAAK VERPLANK, LAWRENCE VAN ALE,
ALBT. RYCKMAN, JOCHIM STAETS, MELGERT WYNANTSE.
Whereas, you Jan Lansing, Isak Verplank, Lawrence Van Ale, Alb Ryckman, Jochim Staets and Melgert Wynantse are assigned, constituted and made ye present assistants of ye city of Albany, by charter graunted by ye Right Honble . Col. Thomas Dongan, dated ye 22d of this instant, July 1686, you doe swear by ye ever living God, yt you will according to yr best skill and understanding att all times freely give yr advice to ye mayor and aldermen for ye good mannagement of ye public affares of this citty and be aideing and assisting in ye makeing and constituteing of orders for ye advancemt of trade and traffique of ye citty aforesd and · further to doe and act for ye common weill of this citty, so help yu God.
Robt. Livingston was by charter appointed towne clerke- &ª and was sworn accordingly.
· Richard Pretty being assigned and constituted high sheriff of ye citty and county of Albany, by ye charter, and James Parker Marshall, were sworn accordingly.
Att a court of Mayor and Aldermen held for ye citty of Albany ye 17th day of August, 1686 : - Present, Pr. Schuyler, mayor, Jan Jansz Bleeker, J. Wendel, Dirk Wessels, Adr. Gerritse, Lev. Van Shaike.
Hercules ye negro of Myndert Frederikse being brought before ye court by ye warrant of ye Mayor, to answer ye fel- onious takeing out of his masters house a small chest wherein some baggs of wampum was contained belonging to ye poor of ye Lutheran church, and being examined doth confess ye fact yt upon Thursday night last he came to his masters house and finding ye window of ye chamber open went in and stole away ye small chest wherein ye money of ye poor of ye Lutheran church was kept, and broke ye chest open without ye gate at ye water side with an ax.
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The City Records.
Ordered yt ye said negroe be committed and secured in ye common goale till ye next court of sessions, when he is to be brought to his tryall. -
The court of mayor and aldermen doe hereby publish and declare yt according to ye act of assembly they have appointed ye freeholders of ye city and county Albany to meet to- gether on Monday next, being ye 21 of this instant month August, at ye citty hall, and there elect a certain number of persons by ye majority of ye freeholders to be assessors for this ensuing year, who shall have full power and authority to make an assessment or certain rate for ye defraying ye pub- like charge of ye county.
Actum in Albany ye 17th day of August, 1686.
Att a Court of Mayor &c., Aug. 31, 1686.
Whereas Myndert Frederickse hath made his request to ye court that his negroe Hercules now in custody, may be punished for ye theft yt he committed, in stealing ye chest of wampum out of his masters house belonging to ye church wardens of ye Lutheran church, and yt ye court order may be remitted of having his tryall at ye sessions. Whereupon ye court have considered ye matter and granted his request, and ordered ye negroe to be brought to his further exami- nation [who again confessed the deed].
The court of mayor and aldermen having considered ye case of ye negroe of Myndert Frederikse called Hercules, who hath stole a chest of wampum belonging to ye poor of ye Lutheran parich out of ye house of his master, where he went in a night throw ye window, all which he confesseth, and considering how evil consequence it is and how bad example it is for ye negers, the court have ordered ye sd neger Hercules to be whipt throw ye towne att ye cart tale by ye hands of ye hangman forthwith, for an example to oyrs, and his master to pay ye costts.
Sept. 10 .-- Regulations were passed for the observance of the Sabbath.
. Sept. 11-Ordered that whoever of ye members of the com- mon councill shall be absent at ye second ringing of ye bell, being in town, at any common council day, shall forfeit six shillings, toties quoties.
Annals, ii. 8
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The City Records.
Sept. 14 .- Orders were passed for the regulation of the In- dian trade, which are very lengthy. At this meeting the salary of Robert Livingston, " in consideration of the diverse services" which he performed as clerk, were advanced five pounds, so that he was to have £20 per ann.
Whereas it hath been found by experience that ye bringing in of ye fountain from ye hill, into ye citty hath not only been of great use to ye inhabitants for water butt the only means, under God, of ye quenching of ye late fyre, whh oyr wise by all probability had consumed ye whole towne ; and where- as ye spouts yt convey ye. water to the wells in some places are gone to decay or at least so leaky that ye wells are quite useless, the mayor, aldermen and commonalty of ye citty have therefore thought convenient to appoint and order ye high constable, Isaak Verplank, forthwith to cause ye said spouts and wells to be repaired, that they may be of like use as formerly, and to keep an exact account of what ye charge is which shall be forthwith ordered to be paid; and all labor- ing persons are hereby strictly charged to assist towards ye sd work as they will answer ye contrary att yr perills ; and if the said high constable be found negligent yt he doth not hys duty herein, and yt ye work be not and all ye wells and spouts compleated in ye space of a fortnight, he shall for- feit forty shillings.
Sept. 23 .- The assessors were directed to proceed to rate the county the sum of 1600 guilders beaver, or ££120; and for defraying the city expenses £30, or 400 gl. beaver.
Att a Common Councill held in Albany, at ye Citty. Hall of ye said Citty on ye 26th day of October in ye 2d year of ye Reign of our Souveraign Lord James ye Second, by ye Grace of God of England, Scotland, France and Ireland king, Defender of ye Faith, Supream and only Lord of ye Province of New Yorke, &c., and in ye year of our Lord 1686 :- Present, Dirk Wessels, recorder ; Adrian Gerritse, Hend. Cuyler, Albert Ryckman, aldermen ; Abraham Van Tricht, Luykas Gerritse, William Groes- beck, Jan Andrese Cuyper, Gerrit Ryerse.
The common council having taken into consideration ye charges and expenses ye city have been at in obtaining ye
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The City Records.
charter, and yt it is requisite some means should be used to raise some money towards ye defraying of ye same have therefore concluded and unanimously resolved to dispose off and sell some lotts of grounde upon ye Plain lying on ye south side of ye citty for gardens, as also ye land lying on both sides of Rutten kil for two pastures, and to that end these following persons are appointed to lay out ye same in lotts, and to number them, to wit: Gerrit Ryerse and Luykas Gerritse, assistants, and Claes Riper and Jacob Meese, carpenters, which said. lotts of grounde ye common councill will dispose of at a publike vendu or out cryin ye city hall on Wednesday ye first day of December next ensuing. It is also ordered yt ye towne clerk put up bills at ye citty hall door and ye church to give notice to all persones that they may come at ye day appointed.
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Whereas his Excell. Tho. Dongan, Capt. General and Governour in cheeffe under his Majesty of ye Province of New York and Dependencies, by virtue of ye power and authority in him being, from and under his said Majesty, in and by a charter bearing date ye 22d day of July last past, given under ye seales of ye said province for ye considera- tions therein expressed, amongst diverse oyr things did graunt to ye city a certain tract of land above Schinnech- tady, upon ye Maquaas river, of a thousand acres, called Tiononderoga, and ye other land thereunto adjoining, and whereas ye season will now admitt that a view may be taken thereof, in order to purchase ye same of ye Indians, these following persons are nominated and appointed by ye com- mon councill by ye first conveniency to goe thither and view ye said land, and make a report thereof to ye common councill, to witt, Dirk Wessells, recorder, and Robt. Living- ston, gentleman, with two other fitt persons whom they shall think fit to goe along with them and assist them in the pro- secution of said business.
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