USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 9
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
74
HISTORY OF KINGSTON.
voted," it was his duty silently to give way and acquiesce. That he saw no cause for the removal of Mr. La Montagne from office ; he must continue in office as constable. He further stated that, upon an equal division of the court, the constable or president of the court had the casting vote.
The Duke of York, becoming fully satisfied that he would not be able to realize any income whatever from the province until he yielded to the demand for an assembly, and also constrained, by the extremely unsettled condition of affairs in his province under the existing defective government, finally, in October, 1682, com- missioned Colonel Thomas Dongan to be his colonial-governor. In January, 1683, he sent a notice to Brockholls that the new gov- ernor would soon be at his post.
The Duke of York, in his instructions to the new governor, directed him. on his arrival at New York, to call together Fred- erick Phillipse, Stephen Van Cortlandt, and others of the most eminent inhabitants, not exceeding ten in all, " and swear them to allegiance to the King, fealty to the Duke as Lord and Proprietor, and official faithfulness as members of his Council."
This council was to enjoy freedom of debate, and vote in all affairs affecting the public. They were to hold their office, subject to suspension by the governor, until the duke's pleasure should be signified.
He was further directed, immediately on his arrival, with ad- vice of the council, to issue writs to the proper officers in all parts of his government, for the election of a general assembly of all the freeholders, to be composed of delegates chosen by the freeholders as their representatives, to consult with the governor and council what laws are " fit and necessary to be made and established, for the good weal and government of said Colony, and its dependen- cies, and all the inhabitants thereof."
The number of delegates was not to exceed eighteen in all, and were to meet in the city of New York. They were to have free liberty to consult and debate among themselves in regard to all laws deemed proper to be established for the government of the province and its dependencies.
All laws, when agreed to by the assembly, were to be submit- ted to the governor and council, and if agreed to by them, were to be the laws of the province, and considered good and binding until disapproved by the duke.
Among other directions for the protection of life and property, the instructions provided that no war could be made without the duke's command, nor any duties levied until enacted by a colonial assembly.
Thus were the inhabitants of the province of New York granted
75
HISTORY OF KINGSTON.
a voice in the government, and the principle recognized, " No tax- ation without representation."
Governor Dongan arrived in New York on the 28th of August, 1683. On the 13th of September, 1683, he issued writs to the dif- ferent precincts for the choice of representatives by the freeholders, to appear for them in a general assembly, to be held at New York on the 17th day of October then next. The writ issued to Esopus ordered the sheriff of Esopus to warn the freeholders of each town to choose four of their number as a committee, to meet with a sim- ilar committee from each of the other towns in the precinct, at the sessions house, and there to choose two to be the representatives for Esopus at a general assembly to be held at New York the 17th day of October next ensuing. The delegates elected for Esopus were Henry Beeckman and William Ashford.
The elections were held in the different precincts or ridings, and delegates elected according to the following apportionment ; a ma- jority of those chosen were of the Dutch nation.
Long Island, two in each riding ; Staten Island, one ; Esopus, two ; New York, with Harlem, four ; Albany and Rensalaerwick, two ; Schenectady, one ; Pemaquid, one ; Martha's Vineyard and Nantucket, one.
On September 13th, Governor Dongan established the current value of foreign coin as follows : All pieces of S, being Mexican pillars weighing 15 pwt., 6/ ; all Peru of good silver, same weight, 5/ halves, 3/ quarters, ¿ reals, 9 pence.
The 17th day of October, 1683, was rendered memorable and distinguished in the history of New York by the first meeting of the people's representatives in a deliberative assembly, under Brit- ish rule, to propound laws for the government of the province. Seventeen delegates to the general assembly took their seats in Fort James on that day as a law-making body. The journal of that assembly is missing, and the names of all the delegates are not known. Matthias Nichols, of the city of New York, was chosen Speaker, and John Spragg, the Secretary of the Province, was made clerk. The assembly were in session three weeks, passed fourteen acts, all of which received the assent of the governor and council.
The first of these laws was " the charter of liberties and priv- ileges granted by his Royal Highness to the inhabitants of New York and its dependencies." It provided, among other things, that the supreme legislative authority should forever be and reside in "a Governor, Council and the People, met in a general as- sembly ;" that every "freeholder in the Province, and foreman in any corporation, shall have his free choice and vote in the elec- tion of Representatives ;" and that " the majority of voices shall
.
76
HISTORY OF KINGSTON.
carry it." "Entire freedom of Conscience and religion was guar- anteed to all peaceable persons, professing ' faith in God by Jesus Christ.' "
It also declared "that no aid, tax, tallage, assessment, cus- tom, loan, benevolence, or imposition whatsoever, shall be laid, assessed, imposed, or levied on any of his Majesty's subjects, within this Province, or their estates, upon any manner of color or pretence, but by the act and consent of the Governor, Council, and Representatives of the People, in General Assembly met and as- sembled."'
A revenue act was also passed, as an appendage to the preced- ing, granting to the Duke of York and his heirs certain specified duties on importations.
Thus were the representatives of the province of New York, with the Dutch in a majority, the first legislative assembly in this country to assert the great principle, which had been maintained in Holland since the fifteenth century, of "Taxation only by con- sent."
Among the laws enacted by that assembly was also one "to divide the Province and dependencies into shires and counties." By that act twelve counties were established. Ulster County was thereby created, being thus named after the duke's Irish earldom. Its limits included " the towns of Kingston, Hurley, Marbletown, Fox hall, and the New Paltz, and all the village neighborhoods and Christian habitations on the west side of the Hudson River, from the Murderer's Creek to the Sawyer's Creek ;" thus extend- ing from the creek entering the river just above Cornwall, at the Highlands, on the south, to the Sawyer's Creek on the north, and from the Hudson River on the east to the bounds of the province on the west. It thus included the present town of Newburg and all of Orange County lying west of it.
It was also enacted that every year a high sheriff should be commissioned for each county.
At that session they also passed an act to " Settle courts of Justice," and thereby established four distinct tribunals : (1) Town courts, for the trial of small causes, to be held each month. (2) County courts, or courts of sessions, to be held quarterly or half yearly. A general court of Oyer and Terminer, with original and appellate jurisdiction, to sit twice a year in each county, and a court of chancery, to be the supreme court of the province, com- posed of the governor and council, with power in the governor to depute a chancellor in his stead ; reserving the right of appeal to the king. Under that law Matthias Nichols and John Palmer were appointed the judges of the New York Oyer and Terminer.
Another act was passed, declaring that all the actual inhabi- tants of the province, except bondmen, of what foreign nation
.
77
HISTORY OF KINGSTON.
soever, who professed Christianity and had taken or should take the oath of allegiance, were naturalized ; and that all Christian foreigners who should afterward come and settle themselves in the province might be naturalized upon swearing allegiance to the king and fidelity to the duke.
Shortly after the adjournment of the assembly, under one of . the statutes above referred to William Ashford was appointed and commissioned as sheriff of the county of Ulster, and Thomas Gar- ton and Henry Beeckman as justices of the peace for said county, by the governor and council. At the court of sessions, held on the 25th day of January, 1684, those officers attended and presented their commissions. It was then resolved that the magistrates of each town should take turns in attending the courts. The general court then appointed magistrates for the several towns, including Michael Garton, Jan Williamson, and Jan Tocken for Kingston. It also appointed Jacob Rutgers as constable for Kingston.
These appointments of local officers by the general court was distasteful to the burghers of Kingston, and they determined to remonstrate against it. A meeting was called for that purpose, and a petition was prepared and numerously signed, of which the following is a copy :
"To the Right Hon Col Thomas Dongan Governor General of all his Royal Highness' Territory in America.
"The humble petition of the Inhabitants of Esopus in the county of Ulster Sheweth
" That whereas the Inhabitants of Esopus in the county of Ulster, for their own part having bought and paid for, of the Ind- ians, their land in full satisfaction of the same, and peaceably possessed for several years ; and then it pleased God there was a combination among the Indians, and they made wars, and it fell upon these our parts, killed several of the Inhabitants, took ser- eral Prisoners, and burned our dwellings, to the great loss of goods and blood and spoil of our place, with a siege during three weeks, and so through God's assistance we beat them off, and then were forced to plough, sow, mow and all other work, with a great guard at our own charge, not receiving Moneys or relief of any other part of the Country, to the reparing of our losses, and since the settlement of this Government by His Royal Highness, it pleased Governor Nichols and Governor Lovelace to settle several of the Soldiers amongst us, in the town of Marble, to be governed among the rest by the laws of His Royal Highness, and we have always yielded our allegiance and obedience to the same rendering and paying Such duties as were required of us both to the Gov- ernor or his Royal Highness customs.
78
HISTORY OF KINGSTON.
" Therefore your honors Petitioners humbly pray, that we may have the liberty, by charter to this county, to choose our own officers to every town court by the Major voice of the Freeholders, and that they may decide all actions of debt to the value of five pounds or more, it being very prejudicial to this county in regard to a lesser sum to be decided, because the trade of this county is most among poor farmers, and charges of higher courts will prove very Burdensome, for such small sums. And that we may make such orders among ourselves, in every town court in this county, for the preservation of the corn fields, meadow ground, goods and chattels according as the convenience of the year and place do re- quire, and that all such fines, levied by the town courts, may be for the use of the same, not exceeding twenty shillings, according to the laws of His Royal Highness. And further, that we may have liberty to transport all grain, flour, beef, pork and all such produce, as are now or hereafter may be within this county, ren- dering and paying all such dues and customs as are required by the laws of the government. And Honors Petitioners as in duty bound shall ever pray etc.
" Hend. Aertson. Yomas. Abel. A. Westvaels. Jan Lousell. Cornelis Tinhout. I. S. Jan Schut. Abraham Lameter. Roelof Kierstade-Jochem Engelbert-Severyen Tenhout-Vannamen- Henderick Clasen-Jan Pieterse-Henderick Kip. Cornelis Slecht -Bruyn Henderickse-Peter Cornelese-Willem Pietersen Beck -- Jan Willemsen-Gysbert van Gardon-Bruyn Hagen-Arent Tue- nessen. Benjamin Provoost-Henderick Van Wy. Wm. D la Mon- tagne Henderyck Ten Eyck-W Demire-Symon Cool-Ffrans Goedris-Harmon Hyndryx-Johannis Westvael-Barentse Kool -Jacobus Elman Dorff-Jacob Aertson-Jacob Kool-Jan Hen- derickse-Henderick Albertse-Tjerck Claesen de Witt. Wessel Ten Broeck -- Claes Tunise-Jacob Rutgers-Jan Eltinge- Johannis de Hooges-Jan Flake-Lodewyake Hoorenbeck -- Cornelis Hoogen- boom-Jan Alert Tenrees-Matys Matysen-Matys Ten Eyck-N Anthony-Mosys De Pue-Pieter Pieteerson-John Hammell- Hyman Albertsen Roose-Willem Vraedenburgh-Arie Albertsen Roose. Mattys Slecht -Cornelis Coole - Egbert Hendrickse- Mattys Blanchan-Matheu Blanchan-Claes Juriaen-Jurien West- fall-Jan Mattysen-Gysbert Krom."
The petition, on presentation, was accorded a reception very different from that which was anticipated. The governor and council evidently had not been indoctrinated in the right of peti- tion. The former probably imagined himself at the head of his regiment, dealing with protesting soldiers, for both he and the council took great umbrage at the presentation of the paper. Upon their order the petitioners were all arrested and indicted for a riot,
79
HISTORY OF KINGSTON.
under an English law, at the succeeding June term of the court. Upon being arraigned, they pleaded guilty of signing and present- ing the petition. They were then respectively fined and gave bail. At the following September term, upon appearing in court, and acknowledging that. they had been ill-advised, they were released and their fines remitted.
The preceding is an exhibit of the early experience of our an- cestors, in their exercise of the sacred right of petition, indicted as rioters and disturbers of the peace. In their country's infancy they had to succumb; but, fortunately for their descendants, the wheels of progress were in motion, and never halted. In less than a century subsequent the maintenance of that right robbed the British crown of its brightest jewel.
On the 26th of August, 1684, the Duke of York wrote to Gov- ernor Dongan a letter, in which he stated : " My Commissioners are making what dispatch they can with those bills, that you have sent hither, and particularly with that which contains the fran- chises and privileges of the Colony of New York, wherein if any alterations are made, (either in the form or matter of it) they will be such as shall be equally or more 'advantageous to the People there, and better adjusted to the laws of England."
This was written when he was simply proprietor, as Duke of York ; we will hereafter see what was his change of front after he had assumed the robes of royalty.
On the 21st of October, 1684, the New York Assembly con- vened pursuant to adjournment, and thirty-one laws were passed and assented to by the governor and council. Among them was one to confirm previous judgments, and abolish the general court of assizes. That court being thus abolished, was replaced by the court of Oyer and Terminer, of which Nichols and Palmer had been appointed judges. A court of chancery, with other courts, was then arranged and organized.
Charles the Second, King of England, died in the early part of February, 1685. Immediately thereafter the Duke of York as- cended the British throne as his successor, under the title of James the Second. His ownership of the province, under a royal grant to him as the Duke of York, was at once lost, and merged in the superior and higher title of the crown ; and thenceforward, there- fore, New York ceased to be the patent or property of an individ- ual, and became a province of the kingdom.
80.
CHAPTER VI.
FROM THE ACCESSION OF JAMES THE SECOND, FEBRUARY, 1685, TO THE ARRIVAL OF GOVERNOR FLETCHER, 1691.
A T the time the Duke of York ascended the British throne, on the 9th day of February, 1685, and New York thereby be- came a province of the kingdom, the charter of liberties and priv- ileges for the province of New York, as enacted by the provincial law-making power under the duke, had not been finally acted on. The king very soon thereafter, however, and on the 3d of March, refused to confirm it. In the communication refusing such con- firmation, he and his council, " the committee of trade and plan- tations," directed Colonel Dongan, as Governor of New York, "to pursue such powers and instructions as he shall receive under his majesty's signet and sign manual until further orders."
This refusal to confirm was not technically a repeal of the law, and it was therefore still considered in force, subject to further action.
On the 5th of March, 1685, special royal instructions were sent to Governor Dongan to continue in office all men being in the office of government at the decease of the late king, until further orders, and directing him to make proclamation accordingly.
The then existing Colonial Assembly was considered as dis- solved by the decease of the king and consequent change of rela- tions, and therefore Dongan, by proclamation, declared such dis- solution, and issued writs for the election of new representatives, to meet at New York on the 20th of October, 1685. The new as- sembly met on the day appointed, but adjourned early in Novem- ber, to meet again on the 25th of September, 1686.
James, as king, was not disposed to continue or grant to New York rights and privileges which were wrung from him as Duke of York. He supposed that matters which he could not enforce as individual owner he could, with the power of the throne and kingdom to sustain him. And consequently, on the 29th day of May, 1686, the king issued instructions to Governor Dongan, the twelfth paragraph in which reads as follows :
"12. Whereas we have been presented with a bill or charter, passed in the late assembly of New York, containing several fran-
81
HISTORY OF KINGSTON.
chises, privileges and immunities, mentioned to be granted to the inhabitants of our said Province, you are to declare our will and pleasure, that the said bill or Charter of franchises be forthwith repealed and disallowed, as the same is hereby repealed determined and made void. But you are nevertheless with our said Council to continue the duties and impositions thereinmentioned to be raised, until you shall, with the consent of the council, settle such taxes and impositions as shall be sufficient for the support of the Government of New York."
A few days thereafter, and on the 10th of June, 1686, the king executed a new commission to Governor Dongan, and thereby rested in him and the council appointed by the king absolute power of government, including " full power and authority, with the advice and consent of our said Council, or the major part of them, to make, constitute and ordain laws, statutes and ordinances for the public welfare and good government of our said Province, and of the People and inhabitants thereof, and such others as shall resort thereto, and for the benefit of us, our heirs and suc- cessors."
All such statutes, ordinances, etc., were to be transmitted within three months to the king, for his allowance and approba- tion. The king, also by such commission, vested in the governor full power and authority, with the advice and consent of the coun- cil, or a major part of them, "to impose, assess, raise and levy such rates and taxes as he shall find necessary for the support of our Government of New York ;" and he further directed that the style of all the laws should be " by the Governor and Council," and not otherwise. The governor was further authorized and empow- ered thereby "to constitute and appoint Judges and Justices of the Peace, and other necessary officers and ministers in our said- Province of New York, for the better administration of justice and putting the laws in execution."
Thus were the colonists again, after the enjoyment of a right for a brief period, deprived of all right of representation, and to be controlled and taxed at the beck of the creatures of a tyrant.
In the instructions accompanying the commission, the king particularly directed that " no Schoolmaster be permitted to come from England and teach School, without a license from the Lord Arch Bishop of Canterbury. And that no other person, now there or that shall come from other parts, be admitted to keep school without your license first had." The instructions also contained directions to the governor "to provide by all necessary orders, that no person keep any press for printing, nor that any book, pamphlett or other matter, whatsoever be printed, without your special leave and license first obtained."
6
82
HISTORY OF KINGSTON.
Thus did James, in exhibiting his tyrannical disposition, evince the same dread that all tyrants feel for the independent school- master and a free and independent press.
The citizens, of course, were indignant at this action of the king and his ministry, but they were powerless in the premises, and forced to submit. Some of their number, as we have seen, had been made to feel that the word "riot," as construed in the prov- ince by the appointees of royalty, was a very comprehensive word, and might carry a blow when least expected. So the feeling was apparently smothered for the time ; it was not crushed-it simply abode a favorable time for action.
On the 19th day of May, 1687, Governor Dongan issued a patent or grant of a large territory of land to trustees for the benefit of the freeholders and inhabitants of the town of Kingston. The grant afterward received the formal approval of the council at a meeting held at Fort James on Thursday, the 17th day of May, 1688, and it was recorded the same day in the Colonial Book of Patents. A complete copy will be found in the Appendix.
The patent conveyed to the trustees named therein and their successors, as a body corporate, all that tract of land in the county of Ulster " to begin at the bounds of the County of Albany, thence to run Southward along Hudson's river to Little Esopus Creek, thence on a west line to the bounds of Hurley, from thence along the bounds of Hurley to a certain creek called Motthar Creek, thence Northerly to another certain creek, Preemaker Creek, thence upon a North line three English miles into the woods ; thence the same course as the mountains range to the bounds of Albany aforesaid, and from thence along the said Bounds to Hud- son River ;" with a full habendum clause, reserving a yearly rent of one hundred and four bushels of sweet merchantable wheat, to be paid at the city of New York on the 25th day of March in each year. The grant contained a proviso that nothing therein con- tained was to affect " the right, title, interest, property, claim and demand of any particular person or persons holding . . . by virtue of any former grant or patent whatever."
He, by the said patent, then " declares, determines and grants that the said Inhabitants and Freeholders, the freemen of Kings- ton aforesaid, commonly called by the name of the Freeholders and Inhabitants of the town of Kingston, or by whatever name or names they are called or named, and their successors forever hence forward are. and shall be one body Corporate and Politick in deed and name, and by name of the Trustees of the Freeholders and Commonality of the town of Kingston." He ordained and created them a body corporate and politic, with succession forever, with full power to hold and convey real estate and personal property of
83
HISTORY OF KINGSTON.
every kind, and to sue and be sued in the corporate name. The grant made the parties named therein the first trustees, and then provided for an annual election, on the first Tuesday in March each year, of twelve trustees, to hold for one year. The grant further provided that the trustees or their successors might, at any time, upon the issue of a summons obtained from a justice of the peace, on the application of three freeholders of the town, meet at the town house or some other public place, as they should from time to time appoint, "to make such acts and orders in writing for the more orderly doing of the premises, as the said Trustees and their success- ors from time to time shall and may think convenient, not repug- nant to the laws of England and of the Province."
The grant also provided that at the annual election of trustees there should also be chosen three constables and three assessors for the town of Kingston. It also directed that, at the time and place of such election, out of the twelve trustees elected, five of their number were to be authorized, commissioned, and empowered "to hold pleas of debt and trespass, with the same power and author- ity that Commissioners of the respective towns hold and enjoy the same under the statute. Three to be a quorum to hold the court."
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.