USA > New York > Albany County > Albany > The annals of Albany, Vol. VII > Part 18
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ALPHABETICAL LIST OF MEMBERS, WHOSE NAMES ARE SIGNED TO THE GENERAL REGISTER.
Henry Abel,
John Dur.s,
Gilbert Akerman,
Richard Duncan,
Richard Allanson,
Walter Easton,
John Barber,
William Easton,
James -Barclay,
John Epes,
Thomas Barker,
William Fowler,
N. B. Bassett,
John C. Fredenrich,
Jacob Best,
John W. Fryer,
Ebenezer Betts,
William Fryer,
Robert Boyd,
Garrit De Garmo,
William Boyd, Charles Boynton,
James Gibbons,
Elijah Brainard,
John Goodrich,
Timothy Brigden,
Anthony Brooks,
David I. Groesbeck,
John Bryan, Nathaniel Bunnel,
John Grant,
Samuel T. Burrows, John Buckbee,
Green Hall,
Thomas Campbell, Robert Carlisle,
Thomas Harman, jun.,
Henry Carpenter,
Casparus Hewson,
Thomas Carson,
Charles Hill,
James Chesney, James Clark,
Ephraim Howard,
James Davis,
Elisha Hosford,
Elijah Hosford,
James Hodge,
Arthur Hotchkiss,
Lucas I. Hooghkirk,
1
Isaac Betticher,
John Fryer
John Boardman,
Peter Furlong,
William Giles,
James Gourlay,
John I. Groesbeck,
John Guest, jun.,
Andrew Hoffman,
William M. Diamond, Elisha Dorr, John Doty, James Dunlap,
John Heermans,
7
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Albany Mechanics' Society.
Philip Hooker,
Caleb Russell,
David Russell, jr ,
Thomas Russell,
Joseph Russell,
Joseph Russel (Market st.),
Robert Hurst,
John Russel,
James Hunter,
Wilhs. G. Ryckman,
John Hinckley,
John Scoville,
Nathaniel Judson,
Thomas Scott,
James Scrymser,
James Selle,
Thomas Shepherd,
Myndert Lansing,
Elisha W. Skinner,
Tunis Slingerland,
Ebenezer Smith,
John Smith,
Daniel Steele,
Levi Steele,
John Stilwell,
Wm. Stilwell,
Spencer Stafford,
Thomas W. Stanton,
Ziba Swan,
John Todd,
Thomas Thompson,
Amos Thayer,
John Turner,
Jacob Van Ness,
Jer. Van Rensselaer,
Henry B. Van Benthuisen,
Benj. Van Benthuisen,
James P. Van Benthuisen,
Jacob Van Duersen,
Austin Warner,
Joseph Warford,
Charles R. Webster, George Webster,
William W. Williams,
William B. Winne,
Daniel I. Winne,
James Young,
William Young.
Ephraim Howard, Silas W. Howell, Isaac Hutton,
George Hutton,
Moses Kenyon, George Klinck,
Benjamin Knower,
Abm. K. Lansing,
Edward Le Breton,
James Linacre, James Lloyd, Isaac Lucas,
D. M'Donald,
William M'Harg,
John M'Chesney,
John Mascraft,
John Meads,
Jacob Miers,
Daniel Morrel,
David Mulholland,
David Osborn,
Gowin Patterson,
Isaac Packard,
Benj. D. Packard, Robert Packard, David Peck,
Ebenezer Platt,
Giles W. Porter, Ira Porter,
Jesse Potts, David Pruyn,
Elisha Putnam,
William Randall John Randall,
James Rodgers,
Robert Rottery,
( 245 )
THE FERRY CONTROVERSY.
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BENJAMIN AIKEN AND JAMES SCHUYLER AGAINST THE WESTERN RAILROAD CORPORATION.
J. J. Werner for Plffs. C. B. Cochrane for Deft.
The controversy in this cause was submitted at the Gen- eral Term of the Supreme Court, Judges Harris, Gould and Watson presiding, on the 14th May, 1856, without action under section 372 of the code. The following is an analysis of the statement of facts agreed upon. That on the first day of October, 1852, the corporation of the city of Albany entered into an agreement with the plain- tiffs by which the said corporation of Albany granted to said plaintiffs "all and singular. the sole and exclusive right, license, privilege and franchise of ferrying on each side of the Hudson river, leading from Greenbush oppo- site the east bounds of the four original wards of said city, to the said city, and from the said original four wards of said city to Greenbush, excepting and reserv- ing, however, any right of ferriage heretofore granted, or which may hereafter be granted by the said parties of the first part to any railroad company, whose road is or may be terminated or constructed along the east shore of the Hudson river, opposite said original wards, which said rights shall not be extended beyond the passengers, freight agents and servants carried or to be carried upon said roads, or in the service of said company."
The said lease also provided that the said plaintiff's "shall provide and furnish at their own expense, two good, substantial and suitable skiffs or yawl boats. and keep the same constantly plying from the foot of Maiden lane in said city across said river, for the carriage of
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The Ferry Controversy.
foot passengers both day and night during said term, and when not prevented by ice."
That the railroad of defendants terminates at a point on the eastern shore of the Hudson river, in said town of Greenbush opposite the four original wards of the city of Albany, and is authorized by several acts of the legis- islature.
That the defendants made an agreement with the May- or. &c , of Albany, in 1840, in which the following pro- vision is made. " And the said party of the first part (the Mayor, &c.) further agree that no charge shall be made to the said party (the defendants) for the right, at their own expense, to carry across the Hudson river at Albany the passengers and freight, to be transported on said road, or the officers, agents and servants of said par- ty of the third part (the defendants, &c.)
That the said defendants are in the habit and practice of carrying across said river, on their said ferry boats, other persons, teams and carriages, than such as are specified and mentioned in the agreement last aforesaid, free of any charge therefor, and which would necessarily cross said river by means of the plaintiff's ferries, but for such carriage by the defendants.
The right and privilege granted to the city of Albany, and on which the plaintiff 's claim is primarily founded, was granted by Thomas Dongan.
That at the time of the grant of the ferry by Governor Dongan, there was but one ferry used at Albany, and this is the same now used by the plaintiffs at the foot of Ferry street in the said city.
The ferry maintained by the defendants is exclusive- ly a ferry for railroad purposes. No passengers, teams or carriages, or other than those connected with the de- fendants' railroad, are solicited to cross said river on their said ferry boats, and no ferriage is charged or col- lected of any body, but the said defendants do in fact carry across said river on their said ferry boats other persons, passengers, teams and carriages than such as they are privileged to carry as aforesaid.
That the ferry boats used by defendants sail under a
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The Ferry Controversy.
coasting license, authorized by act of Congress, relating to the coasting trade.
Upon this statement of facts the plaintiffs demand judgment, that the said defendants account to them for such loss and damage, and that they be restrained from further violation of the aforesaid rights, privileges and franchises of the said plaintiffs.
PLAINTIFF'S POINTS.
The plaintiffs rest their claims of right:
On the right and power of James II, to make the char- ter of the city of Albany known as the Dongan charter.
On the true interpretation and meaning of the charter thus granted,
On the rights reserved by the several constitutions of this state.
On the rights reserved by an act entitled "Of the regu- lation of ferries."
On legislative construction as to the meaning and ex- tent of the ferry grant contained in the charter.
On the contract made between the plaintiffs and the city of Albany, a portion of which is contained in the case.
None of the acts creating the defendants, or the act amending the same, confer on or concede to the said com- pany any right of ferry.
The agreement of defendants with the corporation of Albany, contains no grant of rights to the defendants, inconsistent with the plaintiffs' claim. The defendants are restricted, in express terms, to the carriage of their passengers, &c.
The defendants can acquire no rights inconsistent with those of the plaintiffs, under their coasting license. A coasting license confers no rights of ferry.
The defendants have no naturalrights. They exist by the statute alone, and can exercise no functions that are not expressly conferred. Consequently, they have not even the right of self ferry that an individual might have.
.
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The Ferry Controversy.
DEFENDANT'S POINTS.
The plaintiffs have not (as claimed by them) the sole and exclusive right of ferry across the Hudson river op- posite the original four wards of the city of Albany. That they have the exclusive right to ferry now operated by them at the foot of Ferry street is denied.
The city charter granted by Governor Dongan in 1686 after reciting among other things that a ferry had been established by the inhabitants of the town of Albany, grants and confirms the same to said inhabitants by the name, &c., with power to establish other ferries leading to the city, needful and convenient for the inhabitants of said city and parts adjacent. But the right in terms is not exclusive.
Grants of exclusive privileges being in derogation of public rights belonging to the state or the people at large, and calculated to impair the efficiency of the govern- ment in its power to afford facilities to progress and im- provement, must be construed strictly-nothing can be taken by implication.
The franchise granted to the defendants by the act of 1840 to the extent claimed and exercised by them, is not an interference with the rights of the plaintiffs for which an action can be maintained.
The cases above cited are authorities to show :
That an act of the legislature conferring the franchise of ferry or toll-bridge at a given place, and guarding such franchise by prohibiting, under penalties, all other persons from prosecuting the same business at or in the neighborhood of the same place, does not restrict the power of a future legislature to establish a toll or free bridge at the same locality.
That the exercise of said power does not impair the obligation of any contract with the owner of the prior franchise within the meaning of any constitutional pro- hibition, state or national.
That a franchise to a railroad company to cross with its. line of road a public river, by means of bridge or ferry boats, is not the same as that of the old or com-
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The Ferry Controversy.
mon ferry, nor so similar as to be deemed an interfer- ence with the latter.
The new railway and toll-bridge authorized by a late act to be constructed across the Hudson at Albany, will doubtless diminish the business and gains of the plain- tiffs' ferry, but the power of the legislature to make the grant as against Gov. Dongan's charter or these plain- tiffs will hardly be questioned. The changed circum- stances and necessities of another age, and the demands of an increased and almost incalculable commerce re- quire new channels of communication and improved ways of outlet and transport, attainable only by the aid of the legislature. It will not be presumed that the legislature has or ever intended to surrender a power so necessary to the public good.
Persons come upon the defendants' boats, some going a greater and some a less distance upon the road, and it can not be required of the "defendants that they should station a police of espionage upon their boats to ascer, tain the destination of the passengers on board. Such a requirement would be impracticable.
The injury, if any, sustained by the plaintiffs, is damnum absque injuria.
[Annals, vii.] 22
( 250)
FIRST CONGREGATIONAL CHURCH.
H. K. CO. ALBANY. N.Y.
In the early partoftheyear 1850, an asso- ciation of gen· tlemen connec- ted with differ- ent congrega- tions in the ci- ty, purchased the house of worship then recently erect- ed by the First Presbyterian Church, with a view to the es- tablishment of a new religious society.togeth- er with a
church of the faith and order of the Pilgrim fathers of New England. This step was taken
from a conviction that there was need of another church, and it was hoped that one which was Congregational in its form, while it would meet the wishes and the sympa- thies of numerous families of New England origin, already in the city or removing into it from time to time, might also have a happy influence, as a new religious element in the general system of instrumentalities, already estab- lished in the city, for the advancement of the cause of
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First Congregational Church.
Christ. The house thus secured was opened on the first sabbath in April, 1850, and the services were conducted by the Rev. Leonard Bacon, D. D., of West Haven, Conn. From this time the house was filled with a large and at- tentive audience.
On the tenth of the July following, eighty-one persons (forty-seven of whom were from the First Presbyterian church,) dismissed by letter from other communions, were duly organized by an ecclesiastical council assembled for the purpose, as the First Congregational Church in Al- bany.
The pulpit during the summer and fall was occupied by some of the most distinguished clergymen from New York and New England. The society was organized in June of the same year, and in the course of the succeed- ing autumn, the church and congregation with great unanimity invited the Rev. Ray Palmer, then minister of the Third Congregational Church in Bath, Me., to be- come their pastor. The call was accepted, and on the 10th of December Mr. Palmer was installed by council, with the usual services. The organization of this new enterprise was thus completed; and those who had en- listed in it, with a desire to do something for the promo- tion of spiritual religion among the growing population of the city, had the satisfaction of seeing their place of worship occupied, almost at once, by a large and regular congregation, and of believing, from many indications, that God was pleased to smile on their humble efforts to do good.
The society, after the organization, received from the association of gentlemen, the title to the church proper- ty, and assumed the obligations which had been entered into for the payment of the same. A portion of the mo- ney necessary for the purpose was raised by collections and subscriptions, and the building was mortgaged for ten thousand dollars to secure the remainder. To meet and pay the mortgage when it became due, a subscrip- tion was immediately made, payable in four annual installments, the last of which, paid during the month
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First Congregational Church.
of May, 1856, freed the church and society from all incumbrance. Immediately after paying the debt of the church. the congregation determined to purchase an organ. For this purpose more than four thousand dollars has been subscribed; the building has been prepared for its reception, and by the first of December, the instrument will, no doubt, be inserted in its place. Although the immediate necessary expenses of the enterprise have been great for so new a church and congregation. yet they have not neglected the various benevolent objects for the spread of the cause of Christ, in other places and other lands. All or nearly all the great benevolent, societies have received from them an annual collection; and the amount raised to promote the cause of Christ abroad, in connection with the varied sums paid for the building, for repairs, and the annual expenses, during the first six years, amount to upwards of fifty-two thousand dollars; add to this the four thousand dollars raised for the organ, and the sum amounts to over fifty-six thousand dollars ; no inconsiderable sum for so new an undertaking. The pews are owned by the society, and the sittings annually rented to the occupants. By this arrangement the rents have been so graduated. that the income from the pews, let during the first six years, has been just about sufficient to cover the ordinary expenses. The obligations assum- ed by the society have all been paid, and the congrega- tion, now one of the largest in the city, find themselves the owners of a fine building, in one of the most eligible situations in the city, entirely free from debt, and with a fine prospect of usefulness before them.
The church (organized as above stated by eighty one persons) has continued to increase by additions at every communion save one since it was formed, and now (Aug. 1856) numbers two hundred and eleven individuals. The whole number received into the fellowship of the church is two hundred and fifty-five; and of this number thirty- six have been dismissed by letter, to other churches, and eight have been removed by death.
The officers of the church are the Pastor, Clerk,
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First Congregational Church-
Treasurer, six Deacons and six Examining Committee. Two deacons and two of the examining committee are elected each year, and hold their offices for the period of three years.
The first officers, and the original members are as fol- lows:
Rev. RAY PALMER, D. D., Pastor.
THOMAS TREADWELL, Clerk.
ANTHONY GOULD, Treasurer.
THOMAS BOYD, ANTHONY GOULD, ANDREW LIGHTBODY, HENRY S. MCCALL, WILLIAM B. TREADWELL, C. P. WIL- LIAMS, Deacons.
ABRAM COVERT. ANTHONY GOULD, JAMES MCNAUGHTON, E. WICKES, JR., C. P. WILLIAMS, B. R. WOOD, Examin ing Committee.
ORIGINAL MEMBERS.
James McNaughton,
Isaac Edwards,
Caroline McNaughton,
Phebe Mvgatt,
Archibald Campbell,
William B. Treadwell,
Joseph Fry,
William Gould,
Ann Fry, Andrew Lightbody,
Anthony Gould,
Mary Lightbody,
Martha I. Gould, Abram Covert,
Thomas Boyd,
Julia M. Boyd,
Helen Knapp,
Maria L. Boyd,
Eliphalet Wickes, Jr.,
William McHench,
Chauncey P. Williams, Martha H. Williams,
Margaret A. McHench,
Sarah McDonald, Mary B. Brower,
Harriet D. Brower,
Eliza C. Campbell,
John A. Payne.
Caroline Savage, Jno. C. Kennedy,
Rachel Webster, Hugh Dickson,
Maria Walker,
Caroline Mitchell,
Hannah Bush,
Rosanna Visscher,
Anna M. Goodrich,
Lydia A. Visscher,
Euphemia B. McHench, James Burton, Margaret I. Burton, Elizabeth Hill,
Elias Vanderlip,
Margaret A. Vanderlip,
Margaret McHench.
Sarah M. Gould,
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First Congregational Church.
Mary Steele, Mary McMurdy, James Blackall,
Sarah Blackall,
John Cuyler,
Maria Cuyler,
Sarah Knapp,
Mary Ann Owens,
Charles E. Burton,
Lucia M. Gregory, Edward Norton,
Jane F. Burton,
Daniel Cameron, Maria Cameron,
Amanda Mallory,
Isabella Holmes,
Frederick W. White,
Elizabeth White,
Samuel W. Larcher,
Mary Austin,
Frances R. Larcher,
Elizabeth W. Austin,
Jacob I. Werner,
Joseph Cook,
E. W. Angus Esmay.
DEACONS SINCE ELECTED.
In 1851, Abram Covert, John Vosburgh. In 1852, H. S. McCall, John G. Treadwell.
In 1853, Lorenzo Ames, William Gould. In 1854, Aaron Conklin, C. P. Williams.
In 1855, Jamin Hamilton, Henry Treadwell. In 1856, Anthony Gould, John Vosburgh.
CLERK ELECTED IN 1853. Henry Treadwell.
Eliza Wood, Amanda Payne, Horace M. Payne, William P. Homer, Luce Homer, Benjamin I. Owens,
Bradford R. Wood,
Herman H. Hinman, Uriah G. Bigelow, Austin S. Kibbee,
( 255 )
THE STURGEON TRADE.
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Albany, as a city, has many peculiarities, but we do not think it stands alone in this respect. We will not stop to discuss this question, but merely call to mind the fact that among the many epithets bestowed upon her and her citizens, is one of which she may justly be proud, when spoken of as a multitudinous peculiarity with respect to the latter. We refer to the epithet some- times applied to our citizens while in other localities, as having emigrated from Sturgeondom, or as being Stur- geonites, that they have been brought up on Albany beef, &c.
Now it is of this Albany beef that we purpose to speak, in detail, so that outsiders, those "not to the manor born," can, if they choose, enlighten themselves some- what with regard to this luxury, with which the people residing on the banks of the Hudson, do regale them- selves from year to year.
In looking over the Natural History of this great state, we find there recorded as a fact, that there are distinct and separate kinds of sturgeon, viz: one called the lake sturgeon, which measures from two to four feet, and is found in the waters of Lakes Ontario and Erie, as well as in all the upper lakes; and the other, the sharp-nosed sturgeon which is mostly found in the waters of the Hudson, though some of the species are occasionally caught as far east as Maine.
The sharp-nosed sturgeon, as caught in the Hudson, is from four to eight feet in length and varies in weight from 100 to 450 pounds. We believe the largest ever seen in Albany was caught some five years ago and weighed 486 pounds.
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The Sturgeon Trade.
But our object in writing this article was and is sim- ply to show how much Albany is annually benefited by the catch and sale of this fish, and to show that the people of a city can stand a little ridicule on a subject that brings money to their purse.
The catch usually commences about the middle of April, and continues until nearly the first of September. They are caught at most of the fishing stations from Troy to New York bay, but the localities that yield the greatest number are Hyde Park, and Low Point, a little below Newburgh, on the opposite side. The number dis- posed of in Albany and vicinity, daily, say from April 15th to June Ist, is about 20. From that time to the , middle of August, the number disposed of in the city and vicinity will average 150 weekly, say during the whole season 2,500. These, at an average weight of 250 lbs. gross, will amount to 625,000 lbs. gross. Allow that one half of this weight is offal, and you have 312,500 lbs., which retails on an average at 6 cents per pound, which makes the total amount realized $18,750.
This is not all. There is yearly extracted from the offal of these fish, oil to the amount of nearly 100 bar- rels. At Newburgh, last year, the fishermen extracted the amount of 500 barrels. It is as good as any sperm oil for the purposes of light, and is highly esteemed by many as a curative agent for cuts, bruises, &c. This oil sells by the barrel for $1.25 per gallon. Thus, it will be perceived, that the sturgeon yields to those en- gaged in the trade and belonging to this city, at least $20.000 annually, of which over $12,000 is clear profit.
Mr. Simmons, of Centre Market, probably disposes of as many of these fish in a season, as any retail dealer, and next on the list comes Mr. Sawyer, of the same market.
We acknowledge our indebtedness to J. Maloy, Esq., for most of the above statistics .- Newspaper.
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( 257 )
NEW YORK COLONIAL MANUSCRIPTS.
Copied from Documents relating to the Colonial History of the State of New York, vol. iii.
COL. NICHOLLS'S INSTRUCTIONS TO THE COMMISSARIES.
1666.
[New York Papers, I. 35.]
Messieurs : Yours of the 12th Currant is receiu'd, the particulars whereof are taken into consideration. to the first point I hope you will have no cause to be jealous that the Souldiers should disturbe the Trade with the Indyans, but your memory does faile you of what past the last yeare for I was præsent and you cannot but know that all the trading was done and the whole Troopes marcht away before that two or three guns from the Indyans which were immediately restored. You need not to doubt of Capt. Bakers care to obserue my orders for the freedom of the Trade &c and I wish you would do the like amongst the Burgers to the second.
I am and euer was of opinion that every inhabitant ought to exercise his trade without molestation and whereas you are appointed to make such orders as con- duce to the benefitt of the Inhabitants, it depends upon you to regulate the number of Bakers without excluding such as are already priviledgt, and yet it is worthy your consideration to direct that all Bakers so priviledgt by you should be constant Bakers, for the supply of the Towne in the winter as well as for the Trade in the summer, so that I referre the Request of Gerret Lan- sinck and Jan Jansen Vanderkell back to your discre- tions.
To the 3d
I perceiue you haue demurred the execution of my order against Cobus the Loper till he gave you a particu- lar new occasion, I expect your more ready complyance
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New York Colonial Manuscripts.
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with my directions and that you doe not over much relye upon your own sense and Judgments hereafter, except in cases wholly left to yourselnes. To the 4th
Enery souldier ought to have a blanket and som had bedding, for I cause them to be delivered for their use but if any had imbezeld their accommodations it is a kind of action of any Burger to help their necessities and I hope no such great burden as to become a grievance of the Inhabitants howeuer your Intelligence from N. Yorke is mistaken for their are no soldiers quartered and accommodated in the Towne; besides that the Towne paies 200 guilder a weeke to the easing of those upon whom souldiers are quartered. I referr you to my last by Capt. Abraham in matters relating to the french. To the 5th
I have newly received a letter from Governour Win- thropp who giues me hopes that by his and the Magis- trates mediation with the Northern Indians, the Peace with the Maquais will be facilitated, some Mahicanders are at Hertford in consultation with others the Rivers & Northern Indians.
Lastly I must tell you that some priviledges which I gaue you when I was at Albany are either undervalued or not understood by yow, for heer is a Burger of this Towne who did proffer 50 Schepills of wheat to obtain liberty from mee to trade in Sewant and bread this Su- mer at Albany. This is all at present from
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