USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 8
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In order to consolidate the Fox Hall narrative, it is here stated that, fourteen years subsequent to the issue of the above-recited patent, and in 1686, Governor Dongan issued a new patent to the said Chambers, confirmatory of the above, and explaining the rights and powers conferred more extensively and in greater de- tail. He therein recites the various parcels of land within the. manor, adds thereto one hundred acres, and "erects, makes, and constitutes the said tracts and parcels of land into one Lordship and Manor of Fox hall," and allowed him one court leet and court baron.
Some discussion has been had as to the location of the " man- sion house," which is so prominently named by Governor Lovelace in his patent. It is difficult to see how there can be any doubt about it.
Tradition and the custom of ages inform us of the locality of Fox Hall. A large portion of that locality remained, until a com- paratively recent period, and for more than a century, in the pos- session of the Van Gaasbeek family, who derived it under Cham- bers. That locality is where the Van Leuven and Kiersted farms, at the termination of manor place, are situated. The original house was in the immediate vicinity of the village where the house of William M. Hayes is now. It could not have been at Ron- dout, because that locality was never known or designated as " Fox hall," and is too far from the village of Kingston to corre- spond with the description in the patent of 1672 as being not far from Kingston, nor with well-established historical facts bearing upon the distance of his residence from Wiltwyck. Rondout at that time was in the midst of a heavy forest, which had to be cleared for cultivation. The location now known as Fox Hall was directly upon the edge of extensive prairie land, ready for cultiva- tion without the aid of the woodman's axe.
In the latter part of April, 1673, while Governor Lovelace was absent from the city on official business, word came to New York that a Dutch squadron was on its way north from the West Indies. The governor was immediately summoned back to the capital. On his arrival, considering the report a false alarm, and feeling no apprehension of danger, he made no special preparations for the defence of the city, except summoning some soldiers from Albany, Esopus, and Delaware. They arrived and were mustered on the
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1st of May, nearly one hundred and thirty enlisted men. On the 29th of May they made another muster ; then with volunteers and soldiers the force amounted to three hundred and thirty. The governor soon after discharged many of the soldiers, and sent back those who had come down from Albany and Esopus, leaving Cap- tain Manning in the garrison with only about eighty men, and taking no action to put the fort and city in a state of defence.
On the 29th of July, 1673, the Dutch ships made their appear- ance. The governor was again absent from the city. After some negotiations between Captain Manning, in command of the forces in the city, and the Dutch admiral, and no satisfactory arrange- ment concluded, the Dutch opened fire upon the fort on the 30th of July. After they had fired some guns and killed and wounded some of the soldiers in the fort, they landed about six hundred men to storm the fortress. Captain Manning then raised a white flag, but by mistake and without his authority the English colors were lowered and the fort surrendered. The Dutch fleet, when it reached New York, consisted of twenty-three vessels, carrying six- teen hundred men.
Thus New York became again a Dutch province.
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CHAPTER V.
FROM THE DUTCH SUPREMACY IN 1673 TO THE ACCESSION OF JAMES THE SECOND IN 1685.
TMMEDIATELY after the surrender, as stated in the last chap- L ter, the Dutch naval and army officers organized a council of war, which was held at the Stadt House. It was attended by Commodores Cornelius Evertse, Jr., and Jacob Binckes, and Captains Anthony Colve, Nicolas Boes, and Abram Ferd. Vanzyll. Summonses were at once issued to all the magistrates and constables of East Jersey, Long Island, Esopus, and Albany, to come forthwith to New York and take the oath of allegiance. The council then designated Captain Colve as governor-general, to hold supreme command over the province.
The Esopus officers attended on the 1st of September, 1673, in obedience to the summons, and acknowledged allegiance to the new government. The council made an order changing the name of Kingston to Swanenburgh. It also directed the three towns, Swanenburgh (Kingston), Hurley, and Marbletown, to make dupli- cate nominations for officers, from whom the council could make its appointments, with special instructions that none should be nominated who were not of the Reformed religion, or were not friend- ly to the Dutch government.
Governor-General Colve appointed Isaac Grevenwart as schout and William La Montagne as secretary of the three towns. The schout on the 25th of October took the official oath before the coun- cil, and on the 30th received his commission. Cornelius Wyn- koop, Dr. Roeliff Kiersted, Wessel Ten Broeck, and Jan Burhans, were appointed schepens for Swanenburgh, and respectively took the oath of allegiance to the Staats-General.
Soon after this the Dutch commodores sailed for Europe, and Colve assumed the entire government. He at once promulgated regulations and orders to establish a general system of government for the towns, which, in fact, substantially revived the Stuyvesant system. He therein specially directed the local magistrates to " take care that the Reformed Christian religion be maintained in . Conformity to the Synod of Dordrecht, without permitting any other sects attempting anything contrary thereto."
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The Dutch control of the New Netherlands was of very short duration. In February, 1674, a treaty of peace between Great Britain and the United Netherlands was entered into and duly executed at Westminster, whereby the Treaty of Breda was re- vived, and the New Netherlands restored to Great Britain.
In April of that year Major Edmund Andros was commissioned by the King of England to proceed to New York and, in the name of the king, receive the surrender of the province. Governor Andros, with his suite, arrived at New York on the 22d of October, 1674, and on Saturday, the 10th of November, Governor Colve formally surrendered the province to the new governor, as the representative of his Britannic Majesty.
Governor Andros came under very lengthy special instructions from the Duke of York in regard to the conduct of the govern- ment. Among other important matters, the instructions directed that perfect freedom of conscience should be allowed ; that justice should be administered with all possible equality, without regard to nationality, whether Dutch or English. The laws and ordi- nances established by Nicolls and Lovelace were not to be varied from except upon "emergent necessities, and then only with the advice of the council, and the gravest and most experienced in- habitants." No alteration was to be valid unless confirmed by the duke within a year. The council was to consist of ten of the most prudent inhabitants, to be selected by him, and he was re- quired to consult with it upon all extraordinary occasions in re- lation to the public service.
Immediately after entering upon the duties of his office, he sent a letter to the Dutch officials at Esopus, demanding the surrender of their offices, and appointed George Hall sheriff of that section and Robert Peacock constable. He also reinstated the other offi- cers who held under Governor Lovelace. On the 9th of November, 1674, he issued a proclamation confirming all former grants and all legal judicial proceedings, and the possessors, by virtue thereof, were to remain in quiet possession of their rights, and the code of laws known as the " Duke's Laws" were confirmed and declared operative. In March, 1675, he issued another proclamation, by which he required all persons who intended to continue " under his Majesty's obedience within his Royal Highness' government, to appear, at such times and places as the Magistrates within the re- spective towns and places where they live shall appoint, to take the usual oaths of allegiance and fidelity."
On the 19th of January, 1675, Governor Andros wrote a letter addressed " to the Inhabitants of Kingston at Esopus." In it he acknowledges the receipt of a communication from them that "all things are well and quiet in the town." He thanked them for
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their care therein ; that, as to the militia, he had appointed Cap- tain Thomas Chambers to command until further orders. He then stated, "For the peace you mention with the Indians, you will do well to renew it, as has been customary formerly."
At a council meeting held on the 12th of March, 1677, upon " the request of divers persons from Kingston, that they might have new lots laid out for them without the town," it was allowed that land should be laid out for them near the town, as desired, but their buildings to be within the town ; and such as want a place to build might pitch upon any vacant lot under agreement, or by order of the magistrates, to be apprized and paid for as vacant ground.
It will be recollected that a tract of land was ceded to Governor Nicolls by the Indians, part of which had been portioned out among the soldiers, and other settlements had been subsequently made thereon. It was deemed important that a special and dis- tinct understanding should be had with the Indians in regard to the particular boundaries of that grant, as well as other lands at that time possessed on the northerly side of the Rondout Creek, so as, among other reasons, to avoid all bickerings in the future on the part of the Indians, that the lands possessed had not been bought and paid for. Therefore, in the spring of 1677 the Esopus Indians were called to a conference with the governor and magistrates on that subject. The meeting was held on the 27th of April, 1677, at Kingston, and the following is a copy of the official account of the proceedings :
" KINGSTON, the 27 April, 1677.
" Present His Honor The Governor, Capt. Salisbury, Capt Chambers, Mr. West and the Magistrates : George Davit Inter- preter. His Honor the Governor asked the Esopus sachems Seworakan, Powerewague, Kailkop, Ankrop and the majority of the Esopus Indians, women as well as men, and youths, whether they had any claims upon the land occupied by us in pursuance of the agreement made with his Honor Governor Nicolls. They went out and after some time spent in deliberation Kailkop said, that they did not think they had sold land so far north, but they were well satisfied we should have it, provided his Honor would give him a blanket, a shirt and a loaf of bread. The Governor then enquired whether that would satisfy them completely, to which he replied yes ; but if his Honor would add a piece of Cloth, it would be well. He, and the Sachems and all the other Indians were told to point out or describe the boundaries as they were to be now. They described them as follows. Beginning at the Ron- duyt Kill, thence to a Kill called Kahakasnik, north along the hills to a Kill called Magowasinginck, thence to the second fall, easterly
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to the Freedeyachkamick, on the Groote Revier, along the river south to Ronduyt Kill, with every thing lying within these good and bad hills, valleys, waters etc. Kailkop further declared that he had ceded to the old sawyer his claim upon a Kill, called the Sawyers Kill, and the land stretching up to the boundary of the land belonging to the Katskil Indians, along the river as far as the mountains above. Whereupon his Honor the Governor asked the Sachems and all the other Savages old and young, whether this was so ; they should give a free and fearless answer. They replied it was so, and nobody else had any claim upon the land. Questioned once more, whether they were satisfied with the afore- said payment, they said yes fully. His Honor then gave to Kail- kop in presence of all the others the articles agreed upon as full pay ; to wit, a blanket, a shirt, baize for socks, a piece of cloth and a loaf of bread."
The agreement was signed by the sachems in behalf of all the Esopus Indians.
On the 20th of September, 1677, a patent was granted by Gov- ernor Andros to Louis Du Bois, Christian Doyan, Abraham Has- brocq, André Lefebvre. Jean Has Brocqs, Peter Doyan, Louis Be- viere, Anthoine Crispell, Abraham Du Bois, Hugo Frere, Isaac Du Bois, Simon Lefebvre, then residents of Esopus, for a large tract of land extending along the Shawangunk Mountains from " Mohunk" to "Taurataque," and along the Hudson River from " Raphoos" down to " Jauffroue Hook." The tract had been previously pur- chased by the patentees from the Indians, and comprised about one hundred and forty-four square miles.
In the next spring, after the grant, nine of the patentees re- moved with their families, took possession of their purchase, and located themselves where the village of New Paltz is now situated. The rich and extensive lowlands along the Walkill formed the at- traction which drew them thither. Being prairie land, it was at once ready for cultivation. This was the first Christian settlement in that locality, and the lands under their management soon be- came one of the richest and most prosperous farming sections of the country.
In reply to sundry inquiries made by the Duke of York, Gov- ernor Andros thus described the nature of the government in 1678 :
1. The governor is to have a council, not exceeding ten, with whose advice he is to act for the good and safety of the country. In every town, village, or parish, there is a petty court, with juris- diction to five pounds and under ; an appeal lies from it to the sessions. There are courts of sessions in the several precincts on Long Island and towns of New York, Albany, and Esopus, and some small or poor islands and out places. The courts of sessions
ــاء
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HISTORY OF KINGSTON.
have jurisdictions in all sums over five and under twenty pounds, with right of appeal to the assizes. The general court of assizes meets at New York once a year, and is composed of the governor and all the justices and magistrates.
The chief legislative power is in the governor, with advice of the council. The executive power, of judgment rendered by the courts, is in the sheriff and other civil officers.
While Governor Andros was thus absent from home, and en- gaged in administering the government of the colony, his enemies were at work endeavoring to undermine his influence and standing with the duke. They succeeded, to a certain extent, in poisoning the mind of his patron, by making numerous charges of misconduct against him, including a misappropriation of the revenues. They also accused him of improperly favoring Dutchmen in trade, and making laws injurious to the English.
The duke thereupon, on the 24th of May, 1680, gave a commis- sion to a man named John Lewin, to proceed to New York and make a thorough investigation into all the revenue accounts of the province, examine the records, and ascertain also whether trade had been obstructed, and, if so, how it could be remedied. He also sent by Lewin an order to Governor Andros to commit his govern- ment to the care of Lieutenant Brockholls, who was the comman- dant at Albany, give such instructions for the public safety as cir- cumstances might require, and return to England by the first con- veyance.
Lewin arrived in New York on the 16th of October. As soon as Andros received the duke's orders, he at once convened the council, summoned Brockholls from Albany, and made his ar- rangements to leave. He sailed on the 6th of January, 1681.
On the 9th of December, 1680, there appeared an extraordinary comet, which caused very great consternation throughout the prov- nce, with forebodings of dreadful happenings and divine punish- iments. It is described, in a letter dated January 1st, 1681, as having "appeared in the Southwest on the ninth of December last, about two o'clock in the afternoon, fair sunshine weather, a little above the sun, which takes its course more northerly, and was seen the Sunday night, right after about twilight. with a very fiery tail or streamer in the west, to the great astonishment of all spectators, and is now seen every night with clear weather. Undoubtedly. God threatens us with dreadful punishments if we do not repent." The letter then suggested the propriety of proclaiming a day of humiliation and prayer.
Soon after the departure of Governor Andros the incapacity of Brockholls, added to the stupidity or meddlesome wickedness of Lewin, produced great trouble and insubordination throughout
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the province. Esopus was affected to such an extent that Sheriff Delavall was specially ordered to prevent " all undue and unlawful meetings of the People without authority."
It appears that the revenue laws, including both direct and in- direct taxation, had, when passed, been limited in their operation to three years, which time had very nearly expired when Governor Andros left. As soon as the limit was reached, the people refused to pay, and denied the authority of the existing government to impose or collect taxes or duties. The principle of "taxation only by consent " was boldly set forth and insisted on, and the provin- cial government was powerless in the premises ; they could not stem the popular current. A metropolitan jury presented to the court of assizes the want of a provincial assembly as a grievance. The court thereupon adopted a petition to the Duke of York, rep- resenting that "revenues and burdens had been exacted from them (the people) against their wills, their trade burdened, and their liberty enthralled, contrary to the privileges of loyal subjects ;" and petitioned that his province might for the future be ruled by a governor, council, and assembly, "the assembly to be duly elected and chosen by the Freeholders of this your Royal Highness' Colony."
It appears, from a letter written by Colonel Brockholls to Cap- tain Delavall, the chief magistrate at Esopus, that the troubles and insubordination in that region were of such character that Sheriff Delavall wanted to resign. The records and papers do not show the particular nature and character of the disturbances, but the tenor of the letters lead to the inference that it arose in part in the matter of the disposal of land, and even reached the bench of magistrates, and created a division thereon. Louis Du Bois, one of the magistrates, appears to have been one of the ringleaders or offenders therein. In the letter above alluded to, dated January 12th, 1682, Brockholls stated to Delavall that he was sorry so much trouble had happened to him, which he had thought his last letter would have greatly prevented ; that in the matter of the disposal of land, " the thing chiefly insisted on," he approved of his demanding the full observance of the law, " which gives par- ticular directions, and is the rule for all to walk by." In regard to "building on out farms," he stated that it was "certainly most necessary to keep together in townships, and if any contrary, to be proceeded against accordingly." The letter then continued, a's follows : "I knew your good nature did so far condescend when here to pass by all former affronts from Justice Louis Du Bois, and hoped his carriage and comportment would not have provoked you again, but find my expectation deceived." The letter then con- tains an entreaty for Delavall " to bear as easily as possible," as
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there was no other remedy to prevent a quarrel ; and Brockholls refused to permit him to lay down his commission, and then continued, as follows : " But desire the diligent execution there- of, for the general good, in which you never have been want- ing."
In the month of March he wrote another letter to Captain Dela- vall, in which, after acknowledging the receipt of one dated the 3d of March, 1682, he stated that he "expected a better account of your parties than the continued discord, especially among the magistrates, whose business it is to prevent it in others, much more to avoid it in themselves. I know not where the fault par- ticnlarly lies, but believe you will be no ways wanting." In ref- erence to some Indian reports referred to by Captain Delavall in the letter, he believed them to be groundless, but offered to send ordinance. He also stated that he had received orders for the continuance of all magistrates and justices in their several stations until further orders.
Captain Delavall died not long after the receipt of the above letter. Louis Du Bois continued to be as troublesome and vex- atious as ever ; but our limited knowledge of the cause, origin, or character of the trouble prevents the formation of any opinion as to its actual merits.
In January, 1682, Andros was tried before the duke's commis- sioners upon the charges which had been presented against him. On such trial he was acquitted of all censure, and complimented on his administration ; and was then made a gentleman of the king's privy chamber.
In February, 1682, Brockholls was instructed "to keep all things in New York and its dependencies in good order," and it was intimated, in behalf of the duke, that the prayer for an assem- bly would probably be granted upon certain conditions. The duke, however, continued to procrastinate, and hesitated to com- ply ; but he found the people unyielding, and saw that unless he complied there would be no revenue.
In March, 1684, the duke instructed Brockholls that he in- tended " to establish such a form of Government at New York as shall have all the advantages and privileges which the other plan- tations of his Majesty enjoy ; particularly in choosing an assembly, and in all other things, as near as may be, agreeable to the laws of England. But I shall expect that the county of New York, and its dependencies, shall provide funds for the support of the Gov- ernment and garrison, and discharge of arrears." Notwithstand- ing such assurances, he still hesitated, but found the people would not be satisfied with honeyed words and phrases ; they demanded something more than promises. In the mean time, the disturbances
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at New York continued, and Esopus and Albany, as well as Long Island, gave the government much trouble.
On the 25th of October, 1682, Brockholls wrote to the magis- trates and court at Esopus, that the existing magistrates and jus- tices were continued in office, and that a commission had been issued to Thomas Chambers as justice in the place of Thomas Dela- vall deceased. He also therein stated his approval of the building of a prison and court-house, and directed that the cost thereof should be defrayed by all the inhabitants of the several towns pro- portionably.
It appears there had been trouble at the then last court of ses- sions at Kingston between the magistrates, on account of which they had been compelled to adjourn the court. That fact is alluded to in the letter, and Louis Du Bois is charged with being the cause thereof, and that on that account, and also on account of former complaints made against him, they had determined to remove him, and asked that the names of two fit persons, living near to him, be sent at the first opportunity, from whom a successor might be selected.
On the 15th of January, 1683, Brockholls acknowledged the receipt of a letter from Thomas Chambers, dated 28th of Decem- ber, " by Indian Post," with good news of peace and quiet, and then wrote to Chambers as follows : " I thought Du Bois being put out of Commission, would have ceased giving your further trouble, which I find he does not, but if he persists in being troublesome, such legal course must be taken as may make him quiet." He then signified his approval of Chambers's restoration of an Indian child, which had been seized by force to compel the payment of a debt, and said : " If the inhabitants trust any of them (the Ind- ians), it is on their own peril and risque, being without remedy for recovery."
He suggested that "an ordinary for the entertainment of strangers was very necessary, and if an honest, sufficient man will undertake the same, he may be licensed and authorized as the law directs."
Notwithstanding the removal of Du Bois, the troubles on the bench appear to have continued in Kingston, and call for more reproof.
On the 6th of April, 1683, Captain Brockholls wrote to Thomas Chambers, and expressed surprise that he, Chambers, who had been appointed to keep and preserve peace and order, and show good pattern and example, should have been so easily excited, with passion and prejudice, without provocation. That his duty was to distribute justice equally, impartially, and with moderation and meekness, the law being his guide ; and if his opinion was " over
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