USA > New York > Albany County > Albany > The annals of Albany, Vol. II > Part 7
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71
Charter of the City of Albany.
I have assigned, chosen, named and constituted, Jan Bleecker, citizen and inhabitant of the said city, to be the present chamberlain or treasurer, of the city aforesaid. And I have asigned, named, constituted and appointed, and by these presents do assign, name. constitute and ap- point, Richard Pretty, one of the said citizens there, to be the present sheriff of the said city. And I have assigned, named, constituted and appointed, and by these presents do assign, name, constitute and appoint, James Parker, one other of the said citizens, to be the present marshal of the said city.
And I do, by these presents, grant to the said mayor, aldermen and commonalty of the said city of Albany, and their succssors, that the mayor, recorder, aldermen, and assistants of the said city, for the time being, or the mayor and any three or more of the aldermen, and any three or more of the assistants, of the said city, for the time being, be, and shall be called the common council of the said city ; and that they, or the greater part of them, shall or may have full power and authority, by virtue of these presents, from time to time, to call and hold common council, within the common council house, or city hall of the said city; and there, as occasion shall be, to make laws, orders, ordinances and constitutions in writing; and to add, alter, diminish and reform them, from time to time, as to them shall seem necessary and convenient, (not repugnant to the prerogative of the King's majesty, his heirs or successors, or to any the laws of the kingdom of England, or other the laws of the general assembly of the province of New York aforesaid) for the good rule, over- sight, correction and government of the said city, and liberties of the same, and of all the officers thereof, and of the several tradesmen, victuallers, artificers, and of all other people and inhabitants of the city, liberties and precincts aforesaid, and for the preservation of government, the Indian trade, and all other commerce and dealing, and for disposal of all the lands, tenements and hereditaments, goods and chattels of the said corporation: which said laws, ordinances and constitutions, shall be binding to all the inhabitants of the said city, liberties and precincts
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Charter of the City of Albany.
aforesaid; and which laws, orders, ordinances and con- stitutions, so by them to be made as aforesaid, shall be and remain in force, for the space of one year, and no longer, unless they shall be allowed and confirmed by the governor and council, for the time being.
And further, I will and grant to the said common coun- cil of the said city, for the time being, as often as they make, ordain and establish such laws, orders, ordinances, and constitutions aforesaid, shall or may make, ordain, limit, provide, set, impose, and tax reasonable fines and amerciaments, against and upon all persons offending against such laws, orders, ordinances and constitutions as aforesaid, or any of them, to be made, ordained and established as aforesaid, and the same fines and amercia- ments shall and may require, demand, levy, take and re- ceive, by warrants, under the common seal, to and for the use and behoof of the mayor, aldermen and commonalty of the said city, and their successors, either by distress and sale of the goods and chattels of the offenders therein, if such goods and chattels may be found within the said city, liberties and precincts thereof, rendering to such offender and offenders the overplus, or by any other lawful ways or means whatsoever.
And I do by these presents, for the King's majesty, his heirs and successors, approve and ordain the assigning, naming and appointment of the mayor and sheriff of the. said city, that it shall be as follows, viz: upon the feast day of St. Michael, the arch angel, yearly, the lieutenant governor or commander in chief, for the time being, by and with the advice of his council, shall nominate and appoint such a person as he shall think fit, to be mayor of the said city, for the year next ensuing; and one other person of sufficient ability in estate, and capacity in un- derstanding, to be sheriff of the said city of Albany, for the year next ensuing; and that such person as shall be assigned, named and appointed mayor, and such person as shall be assigned, named and appointed sheriff of the said city as aforesaid, shall on the 14th day of October, then next following, in the city-hall or stadt-house afore- said, take the several and respective corporal oaths before
Charter of the City of Albany. 73
the recorder, aldermen and assistants or any three of the aldermen and four of the assistants of the said city, for the time being, for the due execution of their respective offices as aforesaid; and that the said mayor and sheriff, so to be nominated and appointed as aforesaid, shall re- main and continue in their respective offices, until another fit person shall be nominated, appointed and sworn in the place of mayor, and one other person shall be nominated, appointed and sworn in the place of sheriff of the said city, in manner aforesaid: which oaths the said recorder, aldermen and assistants, or any three or more of the aldermen, shall and may lawfully administer, and have hereby power to administer to the said Mayor and the said sheriff, so nominated and appointed, from time to time, accordingly.
And further, that according to usage and custom, the recorder and town clerk of the said city, shall be persons of good capacity and understanding, such as his most sacred majesty, his heirs and successors, shall in the said respective offices of recorder and town clerk respectively appoint and commissionate; and for defect of such ap- pointment, and commissionating, by his most sacred ma- jesty as aforesaid, his heirs and successors, to be such per- sons as the said governor, lieutenant or commander in chief of the said province, for the time being shall appoint, or 'commissionate; which persons so commissionated to the said office of recorder and office of town clerk respectively, shall have, hold and enjoy the said offices respectively, according to the tenor and effect of the said respective commissions, and not otherwise.
And further, I will, that the recorder, town clerk, alder- men, assistants, chamberlain, high constables, petty-con- stables, and all other officers of the said city, before they, or any of them shall be admitted to enter upon and exe- cute their respective offices, shall be sworn faithfully to execute the same, before the mayor, or any three or more of the aldermen, for the time being. And I do, by these presents, for and on behalf of his said majesty, his heirs and successors, grant, and give power and authority to the mayor and recorder of the said city, for the time being 7
74
Charter of the City of Albany.
to administer the same respective oaths to them accor- dingly.
And further, I will, and by these presents, do grant for and on behalf of his most sacred majesty, his heirs and successors, that the mayor, aldermen and recorder of the said city, for the time being, shall be justices and keepers of the peace of his said majesty, his heirs and successors, and justices to hear and determine matters and causes within the said city, liberties and precincts thereof; and that they or any three or more of them, shall and may forever hereafter have power and authority, by virtue of these presents, to hear and determine all and all manner of petty larcenies, riots, routs, oppressions, extortions, and all other trespasses and offences whatsoever within the said city of Albany, and the limits, precincts, and liberties thercof, from time to time, arising and happening, and which shall arise or happen, and any ways belong to the office of justices of the peace, and correction and punish- ment of the offences aforesaid, and every of them, ac- cording to the laws of England, and the laws of the said province; and to do and execute all other things in the said city, liberties and precincts aforesaid, so fully and in as ample manner as to the commissioners assigned, and to be assigned for the keeping of the peace in the said city and county of Albany, doth or may belong.
And morcover, I do, by thesc presents, for his majesty, his heirs and successors, will and appoint that the alder- men and assistants, within the said city, bc yearly chosen on the feast day of St. Michael the arch angel, for ever, viz: Two aldermen and two assistants for cach respective ward, in such public place in the said respective wards, as the aldermen for the time being, for cach ward, shall direct and appoint, and that by the majority of voices of the inhabitants of each ward; and that the chamberlain shall be ycarly chosen, on the said feast day, in the city hall of the said city, by the said mayor, aldermen and as- sistants of the said city, or by the mayor or three or more of the aldermen, and three or more of the assistants of the said city, for the time being. And I do, by thesc presents, constitute and appoint Robert Livingston to be the pre-
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Charter of the City of Albany.
sent town clerk, clerk of the peace, and clerk of the court of pleas, to be holden before the mayor, recorder and alder- men within the said city, and the liberties and precincts thereof.
And further, I do by these presents, for his said ma- jesty, his heirs and successors, require and straitly charge and command, that the sheriff, town clerk, clerk of the peace, high constable, petty constables, and all other subordinate officers in the said city, for the time being, and every of them respectively, jointly and sever- ally, as causes shall require, shall attend upon the said mayor, recorder, and aldermen of the said city, for the time being, and every or any of them, according to the duty of their respective place, in and about the exccuting of such the commands, precepts, warrants and process of them, and every of them, as belongeth and appertaineth to be done or executed.
And that the aforesaid mayor, recorder, and aldermen, and every of them, as justices of the peace, for the time being, by their or any of their warrants, all and every person or persons, for high treason or petty treason, or for suspicion thereof, and for other felonies whatsoever, and all malefactors and disturbers of the peace, and other offenders for any other misdemeanors, who shall be ap- prehended within the said city or liberties thereof, or without the same in any part within the said county, shall and may send and commit, or cause to be sent and committed to the common gaol of the said city, there to remain and be kept in safe custody by the keeper of the said gaol, or his deputy for the time being, until such offen- der and offenders shall be lawfully delivered thence.
And I do, by these presents, for his said majesty, his heirs and successors, charge and require the keeper and keepers of the said gaol for the time being, and his and their deputy and deputies, to receive and take into safe custody, to keep all and singular such person and persons so apprehended, or to be apprehended, sent and commit- ted unto the said gaol, by warrant of the said justices, or any of them as aforesaid, until he or they so sent and committed to the said gaol, shall from thence be delivered by due course of law.
76
Charter of the City of Albany.
And further, I grant and confirm, for his said majesty, his heirs and successors, that the said mayor of the said city for the time being, and no other, shall have power and authority to give and grant licenses annually, under the public scal of the said city, to all tavern keepers, inn keepers, ordinary keepers, victuallers, and all public sellers of wine, strong waters, cider, beer, or any sort of liquors by retail within the city aforesaid, or the liber- ties and precincts thereof, or without the same in any part of the said county ; and that it shall and may be lawful to and for the said mayor of the said city, for the time being, to ask, demand, and receive for each license by him to be given and granted as aforesaid, such sum or sums of money, as he and the person to whom such license shall be given or granted, shall agree for, not exceeding the sum of thirty shillings, current moncy of this country, for each license; all which money, as by the said mayor, shall be so received, shall be used and applied to the public use of the said mayor, aldermen and commonalty of the said city of Albany, without any account thereof to be rendered, made or done to his said majesty, his heirs, successors or assigns, or any of his lieutenants, or gover- nors of the said province, for the time being, or any of their deputies.
And further, I do grant for his said majesty, his heirs and successors, that the said mayor of the said city, for the said city, for the time being, and no other, be, and forever shall be clerk of the market within the city aforesaid, and the liberties and precincts, thereof; and that he and no other, shall and may forever do, execute and perform all and singular acts, deeds and things whatsoever, belonging to the office of clerk of the market within the city aforesaid, and the liberties and precincts thereof, to be done, executed, and performed. And that the said mayor of the said city for the time be- ing, and no other person or persons, shall or may have assize or assay of bread, wine, beer and wood, and other things to the office of clerk of the market belong- ing or concerning, as well in the presence as in the ab- sence of his said majesty, his heirs, and successors, or his. or their lieutenants or governors here. Also, I
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Charter of the City of Albany.
will and grant for his said majesty, his heirs and succes- sors, unto the mayor, aldermen and commonalty of the said city for the time being, and their successors forever, that the mayor of the city aforesaid, for the time being, during the time that he shall remain in the said office of mayor, and no other, be, or shall be coroner of his said majesty, his heirs and successors, as well within the city aforesaid, and the liberties and precincts thereof, as with- out the same, within the limits or bounds of the said county : and that he, and no other, shall do or cause to be done and executed, within the said city, limits and pre- cints thereof, or without the same, within the limits and bounds of the county, all and singular matters and things to the said office of coroner belonging, there to be done. And that the said mayor of the said city for the time being, shall take his corporal oath before the recorder, or any three or more of the aldermen of the said city, well and duly to execute the said office of clerk of the market and coroner of the said city and county, before he take upon him the execution of either of the said offices.
And also, I do by these presents, grant unto the mayor, aldermen and commonalty of the said city of Albany, that if any of the citizens of the said city, or inhabitants within the liberties and precincts thereof, that shall after be elected, nominated and chosen to the office of mayor, aldermen, assistants, sheriff or chamberlain of the said city as aforesaid, and have notice of his or their election, shall refuse or deny to take upon him or them to execute that office, to which they shall be so chosen or nominated; that then, and so often it shall and may be lawful for the mayor, recorder, aldermen and assistants of the said city, for the time being, or the mayor, or any three of the aldermen, and three or more of the assistants of the said city for the time being, to tax, assess, and impose upon such person or persons so refusing or denying, such rea- sonable or moderate fines and sum of money as to their discretion shall be thought most fit so as the said fine, pen- alty, or sum, for refusing or denying to hold and execute the office of mayor of the said city, do not exceed the sum of twenty pounds, current money of this country ; and the
78
Charter of the City of Albany.
fine for refusing or denying to hold and execute the place of an aldermen do not exceed the sum of ten pounds, like current money ; and the fine for denying or refusing to hold and execute the place of chamberlain, assistant or sheriff, the sum of five pounds, like current money.
And I do, by these presents, for his said majesty, his heirs and successors, authorize the mayor, recorder, alder- men and assistants of the said city for the time being, and the mayor, and three or more of the aldermen, and three or more of the assistants there for the time being, to frustrate and make void the election of such person or persons so refusing or denying as aforesaid; and then, and in such cases, any other fit and able person and persons, citizen and citizens, of the said city, or inhabiting within the liberties and precincts thereof, in convenient times, to elect anew in manner aforesaid, directed and prescribed to execute such office and offices so denied or refused to be executed as aforesaid ; and that if it shall happen that such person or persons so to be elected anew, shall refuse or deny to take upon him or them any of the said office or offices unto which he or they shall be chosen and elected as aforesaid; then and in such case, the mayor, recorder, aldermen and assistants of the said city for the time being, or the said mayor, or three or more of the said aldermen, and three or more of the assistants of the said city for the time being, shall or may set, and impose upon them so denying or refusing, such and the like mo- derate fines as is before set down in the like cases to the respective offices, with such limitations as aforesaid; and also in such and the like manner as aforesaid, to continue and make void such election and elections, and make new elections as often as need shall be and require; all which said fines so set and imposed, I do, by these presents, for and on behalf of his said 'majesty, his heirs, successors and assigns, grant to be, and shall be and remain, and be- long unto, and shall be put into the possession and seizen of the mayor, aldermen and commonalty for the time be- ing, and their successors, to be levied and taken by war- rant under the common seal, and by distress and sale of the goods and chattels of the several persons so refusing
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Charter of the City of Albany.
or denying as aforesaid, if such goods and chattels may be found within the said city, liberties and precincts thereof, rendering to the parties the overplus, or by any other ways or lawful means whatsoever, to the only use of the said mayor, aldermen and commonalty of the said city of Albany, and their successors, without any account to be rendered, made or done to the said king's majesty, his heirs successors, or assigns for the same.
And know ye, that for the better government of the said city, and for the welfare of the citizens, tradesmen and inhabitants thereof, I do by these presents, for his said majesty his heirs and successors, give and grant to the said mayor, aldermen and commonalty of the said city, and their successors, that the mayor, recorder and alder- men, or the mayor or any three or more of the aldermen, for the time being, shall, from time to time and all times hereafter, have full power and authority, under the common seal, to make free citizens of the said city and liberties thereof ; and no person or persons whatsoever, other than such free citizens, shall hereafter use any art, trade, mystery or manual occupation within the said city, liberties, and precincts thereof, saving in the times of fairs there to be kept, and during the continuance of such fairs only And in case any person or persons whatsoever, not being free citizens, shall hereafter use or exercise any art, trade mystery or manual occupation or shall by himself themselves or others, sell or expose to sale any manner of merchandize or wares whatsoever by retail, in any house, shop or place, or standing within the said city, or the liberties or precincts thereof, no fair being then kept in the said city, and shall persist therein, after warning to him or them given or left, by the appointment of the mayor of the said city, for the time being, at the place or places where such person or persons shall so use and exercise any art, trade, mystery or manual occu- pation or shall sell or expose to sale any wares or merchandizes as aforesaid, by retail; then it shall be lawful for the mayor of the said city, for the time being, to cause such shop windows to be shut, and also to impose such reasonable fine for such offence,
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Charter of the City of Albany.
not exceeding twenty shillings, for every respective offence ; and the same fines so imposed, to levy and take, by warrant under the common seal of the said city, for the time being, by distress and sale of the goods and chattels, of the person or persons so offending in the premises, found within the liberties and precincts of the said city, rendering to the parties the overplus, or by any other lawful ways or means whatsoever, to the only use of the said mayor, aldermen and commonalty of the said city of Albany, and their successors, without any account to be rendered, made or done to his majesty, his heirs and successors or to his or their lieutenants, gover- nors, or commanders in chief for the same. Provided al- ways, that no person or persons, shall be made free as aforesaid, but such as are his majesty's natural born sub- jects, or such as shall be first naturalized by act of general assembly, or have obtained letters of denization, under the hand of the lieutenant, or governor, or commander-in-chief for the time being, and the seal of the said province ; and that all persons to be made free as aforesaid, shall and do pay for the public use of the said mayor, aldermen and com- monalty of the said city, such sums of money, as such person or persons, so to be made free, shall respectively agree for, not exceeding the sum of three pounds twelve shillings, for the admission of each merchant or trader ; and the sum of six and thirty shillings, for the admission of each handicraft or tradesmen.
And whereas, amongst other the rights, privileges, pre- heminences and advantages, which the citizens and free- men of the said city of Albany, and their predecessors, have for many years last past held, used and enjoyed, the privileges, preheminences, and advantages of having within their own wall, the sole management of the trade with all the Indians living within and to the eastward, northward and westward of the said county of Albany, within the compass of his said majesty's dominion here, which hath been from time to time, confirmed to them, and their said predecessors, as well by prescription, as by divers and sundry grants, orders, confirmations and pro- clamations, granted, ordered, confirmed, and issued forth,
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Charter of the City of Albany.
not only by and from divers governors, and commanders in chief in the said province, sinee the same hath been under his said majesty's dominion, but also of several governors, generals, and commanders in chief of the Nether-Dutch nation, whilst the same was, or has been under their power and subjeetion, which has always been found by experience, to be of great advantage, not only to the said eity in par- ticular, but to the whole provinee in general ; and that by the eare, caution and inspection of the magistrates, of the said city, to the well and orderly management and keeping the trade with the Indians within their walls, it hath returned vastly to the advancement of trade
and the increase of his majesty's revenue, and been the sole means, not only of preserving this province in peace and quiet, whilst the neigboring colonies were imbrued in blood and war ; but also of putting an end to the miseries those colonies labored under from the insulting cruelty of the Northern Indians. Whereas on the other hand, it has been no less evident, that whenever there has been any slaekness or remissness in the regulation and keeping the Indian trade within the walls of the said eity, occasioned by the incroachment of some persons trading with the Indians, in places remote, some elandestinely, others upon pretenee of hunting passes, and the like, the trade not only of the said city, but of the whole provinee has apparently de- creased, the king's revenue has been much impaired, and not only so, but this government has lost much of the reputation and management amongst the Indians, which it otherwise had and enjoyed; wherefore, for and on be- half of his said majesty, his heirs and sueeessors, I have given, granted, ratified and confirmed, and by these pre- sents, do give, grant, ratify and confirm unto the mayor, aldermen and commonalty of the said city of Albany, and their successors forever, the right, privilege, prehemi- nenee and advantage of the sole and only management of the trade with the Indians, as well within this whole county, as without the same, to the eastward, northward and westward thereof, as far as his majesty's dominion here does or may extend, to be managed and transaeted only by the freemen, being actual inhabitants within the
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