USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56
Cornelis Barentsen Slecht was beaten in his own house by George Porter, a soldier, and also by Captain Brodhead and by other soldiers, and forced to prison.
Captain Brodhead afterward beat Tjerck Clausen without any reason, and brought him to prison. Afterward, in giving testi- mony before the commission, Tjerek Clausen said the reason why Captain Brodhead abused him was because he "would keep
55
HISTORY OF KINGSTON.
Christmas Day on the day customary with the Dutch, and not on the day according to the English observation." Captain Brod- head acknowledged the truth of the statement.
Another allegation was substantially that Captain Brodhead came to the house of Louis Du Bois, took an anchor of brandy, and threw it upon the ground, because Du Bois refused him brandy without payment ; and he forced Du Bois to give him brandy. When Du Bois's wife went to Brodhead's house for the money, he drove her with a knife out of the house. Louis Du Bois, in his tes- timony on these charges, said that Captain Brodhead used his best endeavor to shew his anchor of wine when he threw it down, but could not, and yet he lost none of the drink. Mrs. Du Bois tes- tified that Captain Brodhead had a knife in his hand when she demanded the money he owed her, and he told her that if she were not with child he would cut her, and called her many bad names. No counter-evidence seems to have been given.
It was also alleged, on New Year's Day Walran Dumont had some friends and neighbors to eat with him in his own house, whereupon Captain Brodhead, coming in, treated Walran very badly, and took the wife of Harman Hendricks from thence to prison in the guards.
Upon this charge Walran Dumont testified that last New Year's Day he had some friends at his house, and Captain Brod- head quarrelled with the wife of Harman Hendricks, and threw a glass of beer in her face, and called her many bad names, and carried her to the guard a prisoner. Captain Chambers confirmed that evidence. Brodhead admitted it, but said Harman's wife called his sister a whore, which caused the quarrel.
A number of allegations are entered in the complaints against individual soldiery for beating and misusing citizens, some wan- tonly and without cause, others when the citizens were protecting their property from being carried away and stolen, concerning which no investigation was had. The burghers admitted that they had assembled and armed themselves, demanding the release of Sergeant Slecht.
The following is an extract from the register of the town court :
"The wife of Cornelis Barentsen Sleght and her daughter com- plained to the Court, that Captain Brodhead had grievously cut, beat, and wounded Cornelius Barentsen, her husband, in his own house, and that he had also committed his body, close confined, to the guard, and would not release him."
" Upon which the court ordered, that the Court's Messenger should be sent to request Captain Brodhead to come to the court, and the said messenger received the following answer ; that if the commissary would speak with him, they might come to him.
56
HISTORY OF KINGSTON.
Then the Burghers being in arms the court endeavored what in them lay to prevent any further danger, and thereupon ordered Captain Chambers and Evert Pels to desire Capt Brodhead to release the said Burgher from the guard, and if the said Cor- nelis Barentsen had in any wise offended him, he should, accord- ing to the Governor's order, complain to the magistrates, who would see that he make satisfaction, or be punished according to the merit of his crimes. But when the two said commissaries had delivered the message to Captain Brodhead, he made them this answer, that he would keep the said Cornelis as long as he pleased, and if they would fetch him, he would be ready to wait for them."
" The court also used many arguments to the Burghers, when they were in arms, to go quietly home to their houses, and went personally themselves to persuade them, that they should not do anything against the Military, but told them they would address their cause to the Hon. Governor.
" Then the Burghers told them, the Magistrates, that Capt Brodhead and some of the Soldiers had many times threatened to burn the town, and that, with other reasons, moved them to appear in their arms, and therefore they requested to be empowered by their Magistrates to continue in their arms. But the said Magis- trates utterly denied the same.
THE BURGIIERS GIVE THEIR REASONS.
"We whose names are here underwritten, inhabitants of the town of Esopus, do certify and acknowledge, that on the 4th day of February last, upon the doleful cry and lamentation of the Chil- dren of Cornelis Barentsen Slecht, that their father was miserably beaten and wounded by Capt Brodhead, and that another per- son, Andrias Peiterson Van Leuven, was killed in the brewhouse, at which action some of us being eye witnesses, we gathered to- gether in an assembly at the first, and through the threatening of the millitia, formerly, to burn up the town, and through their beating their drum, and their further saying they would burn the town, and that was therein the aforesaid motives and reasons moved us, that every one of us, without order of Burger or officer, did take our weapons in hand, not knowing, otherwise, but this might be the beginning or forerunner of the utter ruin of the town by the Militia, and that they would do with us what they pleased, a's they had done with several persons since the Governor went from hence, as is particularly mentioned in our remonstrance to his Honor dated this 28th April 1667 in the town of Wiltwyck.
" Tjerek Clausen De Witt, Peter Helibrantzen, Cornelius Ffinch- ard, Peter Arienson, John Williamzen, Corn. Hoghbome, Lambert
57
HISTORY OF KINGSTON.
Hubertson, Hendrick Martensen, John Jacobs Burhans, Gerrat Ffowker, Ard Martinsen, Hens. Arianson, Tunis Jacobson, Paulus Paulsen, Walrav Demont, Andries Peterson, Claus Clauson, Ffranc La Cheir, Arian Geritson, Ffredr. Peterson, John Lodman, Vrian Westfall, Derick Hendrickson, Thomas Harmonzen, John Cor- neliusen, Thom. Van Marken, Barnard Holstein, John Hendrix, Jan Jansen, Rodolph Hendricks, Albert Jansen, V. Steenwyck, John Barntson, John Adrianson, Adrian Hubertsen."
The commission sat three days at Esopus. Captain Brodhead, admitting the charges brought against him; was suspended from his command. Sergeant Beresford succeeded him. The burghers, in their defence, justified their resort to arms on the ground that Brodhead had imprisoned their sergeant, and the soldiers had threatened to burn the town.
Four of the alleged movers of the insurrection-Antonio d' Elba, Albert Heymans, Arent Albertson, and Cornelis Barentsen-were found guilty of a rebellious and mutinous riot, and were taken to New York for sentence. Nicolls, by advice of his council, on the 3d of May sentenced Heymans to be banished for life out of the government, and the others for shorter terms out of Esopus, Albany, and New York. All these sentences of the burghers were subsequently modified, and the offenders returned to Esopus. Fisher, the soldier who killed Cornelissen, was acquitted as having acted in self-defence.
The report or finding of the commission shows that the matter was all prejudged under the secret instructions ; that the commis- sioner's were the tools of the governor, to carry out his private orders, and not be governed by the merits or evidence in the case.
This matter is referred to in historical books as the " mutiny at Esopus." Mutiny is resistance to the exercise of lawful power. If an officer invades the house of a subordinate to steal, com- mit an assault or a trespass, resistance is not mutiny ; and much more, the moment a military officer or soldier steps outside of his military calling and wilfully commits an assault or a trespass against a citizen, or unlawfully deprives him of his lib- erty, the military character or privilege is at once doffed and thrown aside, and resistance is not mutiny. It was justifiable re- sistance to tyranny and oppression-an outburst of the same spirit which subsequently threw off the oppressor's yoke in 1776, and carried this country triumphantly through the Revolution.
Captain Brodhead, on the 14th of July, less than three months after his suspension, died at Esopus, leaving his widow and three sons-Daniel, Charles, and Richard-him surviving.
In the mean time, war had broken out and was raging bitterly, especially on the ocean, between England and Holland, having
58
HISTORY OF KINGSTON.
been instigated by English capture and retention of the New Neth- erlands. Communication was almost entirely cut off between Eng- land and the colonies. Nicolls had been suffering great appre- hension and fear of an attack by the Dutch upon New York, and made preparations for its resistance, and was much relieved when the news arrived of the conclusion of peace between the two gov- ernments. By that treaty of peace, known as the Treaty of Breda, concluded the 21st of July, 1667, the Dutch government formally relinquished the province of New Netherlands to the English. Governor Stuyvesant was at that time in Holland settling his mat- ters with the West India Company. Soon after the treaty of peace he went over to England, and through his application to the Duke of York, and subsequent petition to King Charles in council, he procured a grant to the Dutch of a temporary permission freely to trade with New York for seven years with their ships only. He then returned to New York, where he spent the rest of his days. This order was in force but a short time, and was formally revoked by the king and Privy Council, November 18th, 1668.
Governor Nicolls had for some time desired to be relieved of his office, and made applications to the Duke of York for that pur- pose. The Duke of York finally, early in 1668, sent Colonel Francis Lovelace to relieve him. But Lovelace, on his arrival at New York, did not at once assume the governorship, but spent some time to familiarize himself with the duties of his office. In August, 1668, Nicolls formally transferred his command to his successor, Colonel Lovelace, and on the 28th embarked for Europe.
Soon after assuming the duties of his office, and on the 5th of September, Governor Lovelace proceeded to the Esopus to attend personally to the regulation and settlement of some matters there, and to become conversant with its situation and its needs. On his arrival at Esopus, he ordered Sergeant Beresford, who was in com- mand, to arrange for the discharge of the garrison, and leave its duty to be performed by the burghers. As an inducement for the soldiers attached to the garrison to remain and become citizens, he promised them liberal grants of land. With a view of carrying out such inducements, he gave instructions to Henry Pawling to lay out lots further inland for the new and additional settlement. He then returned to New York.
On the 9th of September, 1669, at a council before Governor Lovelace, it was ordered that the garrison at Esopus be disbanded and dismissed of their military employment. It was also ordered that a commission, consisting of Ralph Whitfield as president, and Captain John Manning, Captain Jacques Cortelyou, Captain Thomas Chambers, William Beeckman, schout, Henry Pawling,
59
HISTORY OF KINGSTON.
and Christopher Berrisford, go up to Esopus to regulate the affairs of that place and " of the New Dorp."
This commission commenced their sessions on the 17th of Sep- tember, 1669, and closed their labors on the 29th of that month. During their session they passed a number of ordinances in rela- tion to Esopus. By one of the ordinances, they "do hereby strictly order and enjoin that no person do utter or sell any grain whatsoever, to be transported from Kingston, Hurley, and Marble- town, but such as shall be well cleansed and unmingled with other, upon pain of forfeiture" of one third thereof-one third for- feited to go to the king, one third to the informer, and the other third to the schout and commissaries. On the 29th of September they made a further ordinance for the more effectual enforcement of the preceding one, providing for the appointment of an offi- cer to measure the corn intended for transportation, and not to suffer the transportation of any which is not " truly merchant- able."
On the 23d of September they made another ordinance requir- ing the schout and commissaries to drain the " swampish or morass ground lying and adjoining to the said town" -- Kingston-" by the last day of November next ensuing, under pain of forfeiture of one hundred Skipples of wheat to his Majesty."
On the same day they passed another ordinance, by which the schout and commissaries were strictly enjoined to repair " the Domi- nie's house or town house in Kingston, which now grows ruin- ous, to prevent further damage, it being of absolute necessity to keep that house in good repair, in regard to the frequent use of it, both for religious duties and civil affairs."
" Which reparation being for the public good, ought to be per- formed at the public charge." And they authorized the amount to be levied on the town of Kingston. By another ordinance passed on the same day, they " strictly enjoin all persons not to utter or sell, to any Indian or Indians, such quantities of strong liquors as shall make them drunk, upon the penalties following" -- for the first offence, five pounds ; for the second offence, ten pounds ; and for the third offence, banishment out of the town : two thirds of the penalty to go to the poor and one third to the schout.
Another ordinance designated Thomas Chambers as surveyor- general of highways and common roads in the three towns, King- ston, Hurley, and Marbletown, with power to fine the schouts and commissaries for any neglect of duty in keeping the roads in order.
On the 25th of September they passed an ordinance changing the name of the town from Sopus and Wiltwyck to Kingston ; also directed the schout and commissaries of Kingston to have two men constantly on duty keeping watch at the redoubt, at the charge of
60
HISTORY OF KINGSTON.
Kingston, and enjoining them well and sufficiently to repair the said redoubt within six weeks after date of order.
The commissioners located the sites for the two new villages. The farther one they called Marbletown, from the character of the stone abounding there ; and the nearer one, having been heretofore frequently referred to as "New Dorp," they called Hurley, after the home of Lovelace's ancestry on the Thames. The change of the name of Esopus and Wiltwyck to Kingston, as before stated, was in further compliment, it is said, to Governor Lovelace, whose mother's family had a seat at Kingston L'Isle, near Wantage, in Berkshire.
Separate lots in the two new villages were to be allotted to the disbanded soldiers. A tract of land at Marbletown was allotted to Ann, the widow of Captain Brodhead, by special direction of the governor, " in regard to her great charge, and her being a commis- sioned officer's widow."
The commissioners, making arrangements for the future gov- ernment of that locality, abrogated the Dutch laws and regula- tions, and proclaimed them subject to the " Duke's Laws."
The commissioners appointed Christopher Beresford as chief magistrate of Hurley and Marbletown, and Henry Pawling officer over the Indians. Louis Du Bois and Albert Heymans were ap- pointed overseers for Hurley, John Biggs and Frederick Hussey for Marbletown, and Thomas Chambers and William Beeckman for Kingston.
The " Duke's Laws" above referred to are those which were submitted by Governor Nicolls in the early part of his administra- tion to delegates of the several precincts on Long Island, and pro- mulgated for the government of that portion of the province.
As they were at this time extended over this section of the province, it is proper that they should be more particularly re- ferred to here. It will not be necessary, however, to give more than a general analysis of their provisions, so that the reader may understand their nature and character.
The code provided for a court of assizes, which was to meet once a year in the city of New York. The governor and council, however, might, in capital cases, issue commissions of oyer and terminer for their trial.
It provided also for inferior courts of sessions to be held three times a year in each riding. Those courts were to be composed of three justices of the peace, and in which any counsellor might preside.
It provided for trials by jurymen, not to exceed seven in num- ber, except in capital cases ; also for arbitration in small cases be- tween neighbors.
61
HISTORY OF KINGSTON.
In cases not specially provided for, the sessions were to remit them to the next assizes, where equity cases were to be disposed of and punishment awarded, "according to the discretion of the bench, not contrary to the law of England."
There was to be a local court in each town for the trial of all causes involving less than five pounds, to be held by the constable and six overseers ; an appeal to be had therefrom to the sessions.
Eight overseers were to be chosen for each town by a majority of freeholders. Four of these overseers retired at the end of each year, and from them a constable was to be annually chosen on the 1st or 2d of April by the freeholders, and he was to be confirmed by the justices of the next sessions. The constable and overseers were vested with power to make local ordinances in the several towns.
A high sheriff was to be appointed annually by the governor, and also an under-sheriff in each riding. Justices of the peace to hold office during pleasure. The governor and council had power to remove any officer for cause.
They provided for assessment and taxation, and made provision for the collection of the assessments and taxes.
The tenure of lands was to be under the Duke of York. All persons were required to bring in their old grants, and take out new patents from the governor. No purchase of lands from the Indians was to be valid without leave of the governor, and satis- faction before him acknowledged by the Indian owner.
Barter with Indians in fire-arms, ammunition, strong liquors, or furs, was not allowed without the governor's license.
No preference given to any particular religious denomination. The Reformed Dutch Church retained its ancient ecclesiastical system.
Slavery was recognized, but slaves were to be protected from abuse.
All males over sixteen years old, except certain persons specially exempt, were subject to military duty and to be enrolled, but not obliged to bear arms beyond the limits of the government.
Every town was to provide a pair of stocks and a pound, and a pillory was to be erected in each place where the courts of sessions were held.
The commissioners before mentioned, although they had per- fected arrangements for the government of the new villages and for the division of the land, had not made out or perfected the actual allotment or grants of land among those entitled. For that reason, early in the following spring, in March, 1670, upon the opening of navigation, the governor commissioned his brother, Captain Dudley Lovelace, Jacques Cortelyou, William Beeckman,
62
HISTORY OF KINGSTON.
Christopher Beresford, and Henry Pawling, to proceed to King- ston, establish the boundaries of the new towns, and lay out and define the lots in the new villages, and make the necessary allot- ments and grants thereof.
The commissioners met at Kingston on the 30th of March, 1670, and after organizing by the appointment of Captain Lovelace as their president, immediately proceeded to business. They desig- nated the boundary lines of the towns of Kingston, Marbletown, and Hurley ; divided the lands selected for settlement into parcels of two and a half acres each, distributed them among the soldiers by lot, and gave the necessary grants therefor. By a special pro- vision in each one of the conveyances, the lands were to be for- feited and the title revert to the duke unless the lot was built upon and occupied within two years, and the lands were inalien- able for three years. After disposing of the land matters, the com- mission established and promulgated various local regulations, completed their business on the 11th day of April, and ad- journed.
The said commissioners also, during those sessions, made ar- rangements for the survey and division of about seven hundred acres of land, part in Marbletown and part in Hurley, into thirty- acre lots for tillage and farming purposes.
The lots, laid out and distributed among the soldiers, were located on both sides of the present Marbletown stage road. It is said that, within two years after such distribution, the village of Marbletown contained about fifty houses, mostly log-houses. Dur- ing the troublesome and dangerous times connected with the first settlements, it was the policy of the government to require settlers to locate as compactly as possible. But as dangers lessened, the village dwellings were abandoned by the farmers for the more con- venient occupation of their farms. When there was no immediate call for a village, or general business to justify it, the temporary and inexpensive dwellings became deserted and dwindled away. That was the case with Marbletown. There is nothing now left there to indicate the former existence of such settlement.
In 1671 such movements were made by the French in Canada, together with suspicious actions on the part of many of the Indian tribes in Northern and Central New York, that much alarm was created in the province, and led to some preparations for protection and defence. It is supposed that such appearances led to the order of the 16th of May, 1671, by which the inhabitants of Wiltwyck were peremptorily ordered to renew their stockade, and it was ap- portioned by rods among the different householders upon some basis not explained. It appears that the number of rods of stock- ade thus apportioned among the inhabitants to be rebuilt was
63
HISTORY OF KINGSTON.
three hundred and seventy-nine and one half, showing that the stockade was considerably over a mile in extent.
Such order was made by Thomas Delavall and Captain Dudley Lovelace, who had arrived there on the 3d of May as a special commission appointed by the governor and council to settle all extraordinary disputes between the inhabitants themselves, and redress any grievances sustained by them from the government. They also brought with them the commission of Isaac Greeven- wart as sheriff, who was immediately inducted into office, and superseded William Beeckman, who had continued, until that time, satisfactorily to discharge the duties of that office. He at once left Kingston, and returned to his former residence in New York. At the same time, Captain Thomas Chambers was made a justice of the peace.
Nothing special appears to have transpired in the Esopus ; its three villages prospered greatly ; they encountered no trouble with the Indians, and all transactions with them were conducted satis- factorily and without any serious difficulty. The wheels of their local government appear to have moved smoothly and without hitching. The inhabitants of those three villages are reported to have raised, in the year 1672, twenty-five thousand schepels of corn. It was, in fact, the greatest corn-raising region in the then settled portion of the State.
On the 16th of October, 1672, the land owned by Captain Thomas Chambers in the Esopus, near Kingston, was erected into a manor, with the usual privileges, and named Fox Hall ; and in the same year Counsellor Delavall was authorized to build a store- house on tide-water, near the redoubt.
The patent thus conferred upon Thomas Chambers being short, is copied as follows :
" Whereas Captain Thomas Chambers, a Justice of the Peace at Esopus, hath been an ancient inhabitant in those parts, where he hath done signal and notal service, in the times of the war against the Indians, and having by his industry in time of peace, acquired considerable estate, of which he now stands possessed, among the rest a mansion house not far from the town of Kingston, commonly called Fox hall, with a great tract of land thereto belonging, which said house is made defensible against any sudden incursions of Indians or others. In acknowledgment of the services heretofore done by the said Captain Thomas Chambers, and in part recom- pense thereof, I have thought fit to erect the said mansion house, called Fox hall, and land belonging to it, into a manor, to be known by the name of the ' Manor of Fox hall ;' the which shall for the time to come be held, deemed, reputed, taken and be, an entire enfranchisement manor of itself, and shall always from time
64
HISTORY OF KINGSTON.
to time have, hold and enjoy like and equal privileges with other manors within the government, and shall in no manner or any wise, be under the rule, order or directions of any town Court, but by the general Court of Assizes, or as from time to time the said Capt Chambers shall receive orders or directions from his Governor and his council."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.