USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 39
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The trustees, after their organization, assumed the right to con- ; trol the fisheries, and leased the fishing grounds to individuals, and protected them as far as possible in their assumed rights. Al- though the question of jurisdiction over the soil and flats in the river, sufficient to give exclusive right, might have been questioned,
374
HISTORY OF KINGSTON.
still, as the preparation of the flats and channel by the removal of stones, rocks, and other obstructions required much labor, the right was generally permitted to pass unquestioned, and many of the privileges thus acquired are enjoyed to the present day by the descendants of the original proprietors or their assigns.
This digression is called for by an entry in the trustee minutes under date of the 1st day of April, 1782, as follows :
"Cap Evert Bogardus and John MeLean came in and exhibited a complaint against persons for infringing on the liberties of fishing at the fishing place, and informed them that they and others had cleared a place and enjoyed it for a number of years ; that if the trustees will let them and the Houghtelings enjoy their privilege, they are willing to pay a rent for the same." The trustees then "Resolved that an advertisement be fixed up and that the clerk draught the same."
The clerk immediately draughted a notice for that purpose. It was approved, and ordered to be posted at some of the most public places in the town.
What the advertisement actually was there is no mode of ascer- taining, but it is supposed to have been a notice or order forbidding an interference with fishing rights.
The troubles of the fishermen apparently continued. and they were not allowed by outsiders to enjoy their privileges unmolested, as appears by a petition which was presented to the trustees early in the fishing season of 1797, as follows, showing, in the language of the fishermen, the rights claimed in regard thereto :
" To the Honorable Trustees of the town of Kingston
"The petition of us Freeholders and Inhabitants of the town of Kingston Humbly showeth ; That whereas we are in possession of valuable fisheries, within the bounds of your corporation, which we suppose of right belongs to you and us solely, and to no other town or place-Beg your interposition in our behalf, that you, through your wisdom would pass a law forbidding all and every person, not belonging to our said corporation, to fish on any ground covered with water within our said town of Kingston, on pain of paying such fine. as you through your great wisdom shall think fit ; and we your petitioners as in duty bound shall ever pray
" Date Kingston March 22nd 1797
" Jonas Van Aken, Gerrit Freer Jun, Cornelius Houghteling, Peter Van Aken, William Freer, Benjamin A Van Aken, Abraham P Van Aken, Jacob Van Aken, Benjamin Van Aken, Moses York, Abraham Van Aken, John Van Bergen, Peter Ostrander, John Schryber, Henry Peaslow Jr, Antony Peaslow, Cobus Degraff, John Litts, Cornelius Delamater Jr, Marinus Van Aken, Benjamin
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HISTORY OF KINGSTON.
Delamater Jr, John Pough, John P Sleght, Abraham C Delamater, Jeremiah Houghteling, John Wiest, Martinus Eckart Jun, John Van Aken."
Although it has not been uncommon to throw out suggestions and slurs against the inhabitants of Kingston in regard to their want in those days of enterprise in reference to the building of roads and opening thoroughfares to the interior, it will be found, in a careful study of history, that they were among the first to move in that direction, and their failure was from other causes beyond their control, and not from a sleepy want of enterprise.
It appears that as early as the 28th day of August, 1783, when the din and turmoil of battle in the land had scarcely lulled, the trustees made arrangements to make explorations westward toward the Schoharie Kill and Paghketaghan, for the purpose of laying out roads in that part of the country ; and in the following year, on the 18th day of August, after considerable discussion as to their right to appropriate money for improvements outside of the town limits, they resolved that they had the power, and then at once contributed two hundred dollars to aid in building a road toward the Schoharie Kill ; this was in addition to private subscriptions. On the 7th day of October, 1783, the trustees appointed Johannis Persen and Philip Houghteling superintendents of the work in making such road.
On the 2d day of May, 1785, the trustees passed a resolution that if the ministers, elders, and deacons of the Dutch Church of this town concur therein, that the said church and the trustees do purchase for the use of the minister presiding in said church a lot of low land for pasturage or other purposes.
The Consistory of the church having assented to the proposition for the purchase of a lot of about four acres from Jacob Ten Broeck, it was done, and the trustees paid one half the purchase money.
In 1797 an act was passed by the Legislature authorizing "the Trustees of the Freeholders and Commonalty of the town of Kings- ton or a major part of them to organize a fire department consist- ing of men residing within half a mile of the court house, not ex- ceeding twenty to a fire engine, to be called the Firemen of the town of Kingston." The act also conferred upon the said trustees power to establish and ordain rules for the government, perform- ' ance of duty, and behavior of the firemen as such.
Under the provision of that act, the trustees at once made pro- vision for the organization of a fire department to take charge of the engine which they had already procured in the place of the one destroyed at the burning of the village. For that purpose, on the 19th of May, 1797, they appointed Coenradt Ed. Elmendorf captain,
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HISTORY OF KINGSTON ..
and Henry Eltinge, lieutenant, or second captain, of a fire company to be organized to take charge of the engine.
The trustees at the same time appointed a committee to enlist the number of firemen allowed by law, and give them the proper certificates.
Mr. Elmendorf held the office for about one year, when on the 23d day of May, 1798, he resigned the position ; the trustees ac- cepted his resignation, and appointed Nicholas Vanderlyn, Jr., captain of the fire company in his stead.
The fire company thus organized in 1797 disbanded in the year 1802. On the 9th day of June in that year a new company was organized, the requisite number of firemen appointed, and Nicholas Vanderlyn, Jr., commissioned as commanding officer. The fire- engine was then intrusted to their keeping.
It does not appear that at the first organization there were any rules established for the government and discipline of the com- pany ; but shortly after the reorganization the following salutary rules were established and promulgated to enforce practice and dis- cipline. Without practice and discipline fire companies at a fire are as much out of their element as raw militiamen opposed to regular, disciplined soldiers in battle. The rules as established were comprised in the following resolutions adopted by the trus- tees :
" Resolved that Nicholas Vanderlyn Jr who has heretofore been appointed Captain of the Fire Engine Company in this town, or in his absence the next commanding officer of the said company, have power at all times to call out and command every person enrolled in his company, to attend at such times and places as he shall think proper, at least once in fourteen days during the summer season, and once every month during the winter and the rest of the year, to work examine and keep the said fire engine belonging to the corporation in good repair.
" Resolved that in case any person or persons, belonging to his company, shall after due notice given neglect or refuse to attend, at the time and place ordered and directed, by the said Nicholas Vanderlyn Jr, or shall be disobedient to his directions or order, that he or they shall be liable to a fine not to exceed $1 for every such refusal to be recovered agreeable to law in that case made and provided."
The trustees had uniformly from the time of their incorporation taken care of the poor of the town and provided for their wants. A law had also, in addition to the provisions of their charter, been enacted by the colonial Legislature in 1770, expressly charging the trustees with the duty of providing for the poor of the town, and, in fact, constituting them the overseers of the poor of said town,
377
HISTORY OF KINGSTON.
and charged with the performance of the duties enjoined by the then existing laws upon overseers of the poor. Under their author- ity as overseers they prohibited the bringing of poor persons into the town, and in case any were brought in they at once ejected them therefrom, unless a responsible freeholder of the town became security to indemnify the town against their becoming a town charge. In January, 1786, not as overseers of the poor, but as guardians of the corporate property, they adopted an addition to the town ordinances, prohibiting strangers from becoming residents of the town until they gave security to the trustees that they would not cut any timber upon the commons without leave, or would pay to the trustees £10 for a license.
The question in regard to building an almshouse had been up for consideration several times in the Board of Trustees. At a meeting of the trustees held on the 5th day of November, 1790, the question again came up, when, at request of William Ellsworth, Jr., the following resolution was adopted : "Resolved that the lot of land, known to be the water pond or ploss, on the plains which lies between the house of Abraham Vosburgh, where he now lives, and Col Hasbrouck's house and orchard to the west, and adjoining David Delamater and Wessel Ten Broeck lot, to South west being a triangular piece of land, the whole lot is reserved to build an alms house on, for the use of the corporation." This description covers the lot on which the academy now stands, together with the lots on the west side of Clinton Avenue up to the stone buildings still standing there.
It appears, however, that on the 28th day of January following (1791), they concluded that a more desirable location could be found for the contemplated almshouse, as the Lefferts property was about to be sold, and therefore authorized Mr. Van Buren and Mr. Marius Groen "to purchase the house, barn orchard and upland on the west side of the lane leading to Flat-Bush formerly known to be the property of Jacobus Lefferts supposed to be about ten acres for an alms house for Kingston but they are not to give more than £300 for the same."
The purchase was not made, however. It is supposed because on sale it went beyond their limit.
The question in regard to building an almshouse appears to have rested quietly until the 30th day of January, 1799, when a committee was appointed to inquire and report upon the expedi- ency of building a poorhouse, and with that reference all efforts therefor appear to have ended. Subsequently the lot originally reserved for the almshouse, or, rather, that part thereof lying east of East Front Street, now Clinton Avenue, was conveyed to the trustees of Kingston Academy as the site for a new academy build-
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HISTORY OF KINGSTON.
ing, and there the academy now stands, the " ploss " being removed by a drain to the lowlands.
The trustees for over a century had had the guardianship and control of the common property, selling it in small parcels as needed for improvement and cultivation, and the question then became prominent whether they should not surrender their trust in the lands, and parcel them out upon some equitable principle among the cestui que trusts, at the same time making provision for the discharge of their duties as almoners to the poor and destitute.
The first proposition on the subject came before the trustees at . a meeting held on the 13th day of September, 1799, in the form of a suggestion to convey to such persons as may be entitled thereto, under the terms of the charter, in severalty, a lot in the commons containing not more than thirty nor less than ten acres, to be set aside and kept solely for the growth and preservation of wood. The conveyance to contain a proviso that if any grantee should dispose of the lot conveyed to him, the trustees would be entitled to demand $2 per acre for the benefit of the poor fund. The propo- sition was adopted subject to the approval of a majority of the inhabitants. Committees were appointed to visit the different sec- tions of the town, and ascertain the feelings of the people on the question. Thus it appears that the trustees, in order. to ascertain the wishes of the people, instead of adopting the uncertain criterion of the ballot, resorted to personal interviews.
On the 30th of June, 1800, a committee which had been previ- ously appointed to report upon the financial condition of the cor- poration, and make a statement of the annual revenues and contin- gent expenses, reported that they had found the amount of interest due on bonds and notes, £345 6 6
Rent in arrear 3171 bush. of wheat @ 8/,
1268 8
733 fowls,
36 13
£1650 76
Annual income :
720 bush. of wheat for rent @ 8/, £288
£3600 out at interest, whereof
about £600 are bad debts, 180
About $200 annual excise, 80
Rent payable in money,
16 17
£564 17
The trustees at the same meeting appointed their speaker, Peter Marius Groen, with Christopher Tappen and Tobias Van Buren. a committee to report a- plan for the conveyance of a part of the commons of the town to the inhabitants thereof for the future pres- ervation of the wood.
379
HISTORY OF KINGSTON.
No definite proceedings appear to have been taken under the last-mentioned resolution, and the matter was left in abeyance until 1803, when at a meeting of the trustees on the 1st day of April in that year, the speaker, Peter Marius Groen, having been at some time theretofore requested by the trustees to prepare a plan and set of resolutions for the sale and conveyance of the lands belonging to the corporation, to the freeholders and inhabitants of the town, reported the following resolutions, which were read and adopted by the board :
"1. Resolved that the Trustees do sell and convey in fee simple. to the persons hereinafter classed and described, all the lands to them granted by their charter of Incorporation not yet conveyed : excepting however that part adjoining the east bounds of the town of Hurley, and extending therefrom to the north side of the Rondout Creek.
"2. Resolved that all heads of families, if he she or they were born · within the bounds of the town of Kingston, and are now resident of the same, and are possessed of a freehold estate to the value of £200 or upward, shall be entitled to a 45 acre lot in the Commons, in con- sideration of 816.50 to be by them paid on delivery of their deed.
"3 Resolved That the heirs and devisees of such persons, as were born in said town, when the Testators or Intestates possessed a freehold estate of the value of £200 at the time of their death, and when the said heirs or devisees are in possession of the same, and living within the limits of the town aforesaid, at the present time, the said heirs or devisees shall be entitled to a 45 acre lot to be released to them as tenants in common for the like consideration of $16.50.
" 4. Resolved that all and every person born and residing in the town aforesaid, who are not possessed of a freehold estate of the value of £200, but possessed of a freehold not less in value than £100, shall be entitled to a lot of 30 acres in the consideration of $12.75
"5. Resolved that every head of a family, if he she or they be born in the said town, and now living in the same, or who have gained a legal settlement or are possessed of a freehold, less than £200, but more than £100, shall be entitled to a 30 acre lot in the like consideration of $12.75
"6. Resolved that every head of a family not born, but now re- siding in the town aforesaid and have so resided previous to the year 1777 and gained a legal settlement, and are possessed of a free- hold estate to the value of £100, shall be entitled to a 30 acre lot. in consideration of 830.
" 7. Resolved that every head of a family, not born, but now resid- ing in this town, and have done so since the said year 1777, and are
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HISTORY OF KINGSTON.
possessed of a freehold estate to the value of £100, shall be entitled to a 30 acre lot, in consideration of $40.
"8. Resolved that after the distribution aforesaid, in case any- lots be unappropriated, the same shall be conveyed to the Free- holders born and residing in said town, in ratio of the freeholders hereinbefore stipulated.
"Lastly : Resolved that Christopher Tappen and John A De Witt be and it is hereby agreed by the said Trustees, that they survey and lay into lots of 30 and 45 acres, or as near as may be, all the lands belonging to this corporation, and that they be paid out of the Treasury of this corporation the sum of $4 for each lot, so to be surveyed, or by them caused to be surveyed, including the drawing of deeds for each respective lot, and for a general map or maps when the whole business shall be completed."
The divisions were subsequently made, and the lands distributed among the inhabitants and freeholders according to the resolutions. The territory was divided into classes, as follows, as set forth in the balloting or distribution book : Suppies Hook, 11 lots ; Clove, 103 ; Three Mile, 34; Binnewater, 150; Pine Bush, 56 ; Flat Bush, 68 ; First class, north of Esopus Kill, 97; second do, 83 ; third do, 80 ; fourth do, 70 ; fifth class west of Caatsbaan, 64 ; sixth do, 65 ; sev- enth do, 62 ; northwest class, 100; southwest, 113; west and ad- joining Esopus Creek, 12 ; first class south of Rondout Creek, 54 ; Huzzy Hill lots do, 22 ; second class do south of road, 116 ; do east of road, 24.
It appearing that in the distribution of lots in the commons the inhabitants of the village of Kingston had not fared as well in the quality and character of the lots set apart for them as the residents of other parts of the town, the trustees on the 10th day of January, 1804, " Resolved that the lands reserved by the resolution of the 1st of april then last, between the Kuyck Uyt and the Rondout Kill and bounds of Hurley, be laid out in ten acre lots as a com- pensation to the inhabitants of the village of Kingston, whose lots have been considered as inferior in quality to the other parts of the town."
The lands distributed under this resolution are known as the east and west compensation class, as they respectively lie on one side or the other of the road to Greenkill.
And it was also " Resolved that the Inhabitants, residing at or near the village of Saugerties, be also compensated with a certain portion set apart for that purpose called the ' Pansie Bergh.'"
The trustees, before the division and distribution of their lands among the people, had set apart a tract of land containing several hundred acres, and reserved the same for the benefit of the univer- sity or college which they had hoped to see established there.
381
HISTORY OF KINGSTON.
That project having failed, and they being still desirous of devoting the same to the cause of education, on the 5th of March, 1804, con- cluded and " Resolved to convey the same to the Trustees of Kings- ton Academy," which was subsequently done?
The ferry across the Rondout Creek connecting the upper part of the town with the lower-that is, the village of Kingston with the part of the town called " Klyne Esopus," was located a short distance above the month of the Twaalfskill, at the place which in later years was known as Hamilton's Ferry. It was a rope ferry -that is, a scow capable of holding a double wagon and team, pro- pelled by hand, drawing upon a rope which extended across from shore to shore. That ferry was originally established and furnished by the trustees and owned by them. In 1804, however, when they were completing the disposition of their lands, the then trustees concluded to sell the same, including the house and lot, the scow, small boat, and all the apparatus connected therewith, to James Hamilton for £200. The ferry then went into the hands of the purchaser, and was conducted by him and his family for a number of years, until by the establishment of another ferry lower down the creek, and the change of the course of trade, its value was lost : then it was entirely abandoned.
In the early part of this century party spirit was very bitter between the two factions, Republicans and Federalists, as then called, and was so carried throughout, as well in local as in State and national matters. In the spring of 1804 a very bitter contest was waged in the election of trustees, and the old Board of Trus- tees, composed of Federalists, was routed, and an entire new board elected of Republicans.
The old Board of Trustees, in addition to the moneys previously on hand, had by the sale and disposition of their lands accumu- lated quite a fund in the treasury for the liquidation of their debts and the support of the poor.
The new board in the early part of the year do not appear to have done much of importance. On the 12th of April they granted three acres of ground to the Caatsbaan Church, directed six Lom- bardy poplars to be planted in front of the Klyne Esopus Church, and forty to be planted in Main and Wall streets in the village of Kingston along the fences of the burying-ground attached to the Kingston Church.
On the 13th of April, 1804, they made the following appropria- tion for a poor man's funeral :
" Resolved that Jon. Hasbrouck let to the family of John Will- iams deceased, one Gallon of rum-one Gallon of Gin-one dozen small papers of tobacco and 4 dozen pipes, and that Thomas Van Gaasbeek procure a Coffin."
.
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HISTORY OF KINGSTON.
There was a small vacant piece of ground, which had not been disposed of, at a place called Bulken House. The trustees on the 21st of May, 1804, caused that to be surveyed and laid out in six- acre lots, and subsequently sold the same at public auction.
Whether the trustees, upon the near approach of the annual election in March, 1805, saw " the handwriting on the wall " and were determined to annoy their successors as much as possible, or whether they were seized with an extraordinary religious fervor, with the hope of capturing the religious vote, we cannot now do more than conjecture ; but the fact exists that as the election was to take place on the 5th of March, 1805, the Board of Trustees on the 2d day of March passed the following preamble and resolution :
" The Trustees, in order to give aid and support to the different churches in this town, for the furtherance of religion, have come to the following resolution.
" Resolved, unanimously, that the sum of £3004 5, of the funds of this corporation, be assigned to the Minister Elders and Deacons of the Reformed Protestant Dutch Church of Kingston ; the sum of £1740 19 9 be assigned to the Reformed Dutch Church at Caats- baan ; and the sum of £1261 14 1 be assigned to the Reformed Dutch Church at Klyne Esopus. All of which several sums are to be assigned and transferred, so that the interest arising from the same be appropriated toward paying the salary of a minister or ministers in the several aforesaid churches."
The transfers thus ordered were at once carried out and per- fected.
On the 5th day of March the election took place, and the last board were defeated and consigned to retirement.
The incoming board, when entering upon their duties, found themselves face to face with a depleted treasury through the extra- ordinary liberality and religious zeal of their predecessors, while the poor were to be supported and much corporate indebtedness re- mained to be discharged.
Kingston village was incorporated by an act of the Legislature passed on the 6th day of April, 1805, and it included so much of the territory of the town of Kingston as was comprised in the fol- lowing limits : Beginning at the southern extremity of the bridge across the Esopus Creek, and running thence to the east corner of the division line between Jacobus S. Bruyn and Gerrit Van Keuren, deceased ; then in a straight line to the intersection of the Twaalfs- kill and Greenkill roads ; thence in a straight line to a swing gate across the Vauxhall Road ; thence to the southeast corner of the house lot of Catharine and Magdalen Ten Broeck on the highway, and thence in a direct course to the beginning.
The village was duly organized by the election of directors and
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HISTORY OF KINGSTON.
other officers, on the 11th day of May, 1805, when John Van Steen- bergh, James S. Bruyn, Tobias Van Buren, Philip Van Keuren, and Barent Gardinier were certified to have been chosen directors by the greatest number of votes, and Tobias Van Buren was subse- quently, on the 17th of May, 1805, chosen by his associates to be president, and Anthony Dumond was appointed clerk. A full list of the village directors and their presiding officers will be given in the Appendix.
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