USA > New York > Ulster County > The old court houses of Ulster County, New York, and interesting incidents connected with their history > Part 2
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It is evident that the edifice of which we are speaking was totally inadequate to the requirements of the county. No farsighted policy had been adopted in its construction, and it proved a constant source of expense and annoyance. It is not at all surprising, therefore, that in a little more than seven years after the legislative enactment just described there was a repetition of the same old troubles. The Provincial Legis- lature again, and as usual, came to the relief of the County, and in an Act, passed on the 6th of February 1773, after stating that "the Court
*It may be inferred from this Act and other sources of information that at the time the County Building was divided into three parts-(1), the courtroom proper; (2), the room or rooms used for other county purposes; and, (3), the different apartments of the jail-the latter doubtless being located in the basement or cellar, as it certainly was at a later period. All of these several parts were apparently in various stages of construction or repair either simultaneously or at different times.
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THE OLD COURT HOUSES OF ULSTER COUNTY, NEW YORK.
House and Goal in Kingston *
* are not only inconvenient, but greatly out of repair," authorized the Justices of the Peace and the Board of Supervisors to meet on the first Tuesday in the following May at the courthouse, and required them at that time to decide "upon the Manner in which the said Court-House and Goal shall be altered and repaired and to compute the amount of the Charge and Expence that may attend the same," not to exceed £400., to be raised by a county tax. By the pro- visions of this Act Dirck Wynkoop, junior, Johannes Sleght, Abraham Low, Jolın Beekman and John Elmendorph, or any three of them, were appointed commissioners to receive the funds raised by taxation from the county treasurer "for directing, manageing and inspecting the said Repairs, and for laying out the Money to be expended for that purpose." In case the proceeds of this tax should prove greater than necessary for its specified purposes, it was provided in the Act that the excess should be repaid to the county treasurer and be expended by the Supervisors as they should deem "most expedient."
The money authorized by this Act still proving insufficient to com- plete the courthouse and jail, the Provincial Legislature again placed itself in the breach, and by an Act, passed on the 1st of April 1775, re- quired the Supervisors "at their next annual Meeting for raising the con- tingent Charges of the said County "to raise by taxation an additional sum, not exceeding £400., to be paid to the county treasurer and by him conveyed to the commissioners named in the Act of 1773, or any three of them, who should expend it in completing the courthouse and jail and in refunding money advanced by the commissioners for the same purpose, as well as to defray the cost of "digging and making a Well near the said Court House, and making such other useful and necessary Repairs" as the commissioners might deem "convenient and proper."
And now, after all these vexatious delays and annoyances, that old courthouse was yet to face its greatest and fatal trial. Far more import- ant matters than county interests were now appearing above the horizon -and of such transcendent importance as to demand the devotion and, in many cases, the lives of the sons of old Ulster. Only eighteen days after the passage of the Act of the Provincial Legislature just described the shot at Lexington was "heard round the world," followed in a little less than two months by the carnage at Bunker Hill. What cared, then, the patriots of this county whether or not their Temple of Justice was completed, when their liberties were at stake and their lives about to be imperilled by an invading foe?
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And yet in the brief remaining period during which the old edifice was to survive, it was destined to witness stirring events. Early in the conflict it figured conspicuously and proved itself of signal service to the Continental cause. The jail in its basement was desired for the incarcer- ation of disaffected and disloyal persons, far removed as it was from the doubtful and sinister influences of New York City, then in possession of the British; and the Provincial Congress of New York, accordingly, on the 21st of December 1775, "Resolved with the consent of the members of Ulster county now present, That Ulster county jail or such part thereof as may be necessary, be used and taken as the jail of this Con- gress, and for the confinement of any such prisoners as may be ordered to be confined by this Congress or their Committee of Safety, that such prisoners as shall be there confined, shall be confined at their own ex- pense respectively, but if they are unable to pay the expense, then that they be confined at the public expense of this Colony." As might have been expected, Ulster county through its representatives complied with this request with its usual patriotic spirit, and its jail at once became the state-prison of the Province of New York, but intended not so much for criminals as for persons inimical to the Continental cause and whose lib- erty threatened to jeopardize it. Here were confined both prominent and obscure tories and British military prisoners; but its quarters at length were so over-crowded that it became necessary to establish, in addition to it, what was known as the "Fleet Prison" on board of one or more vessels in Rondout creek.
But the old courthouse was to have still greater dignity conferred upon it. In the winter of 1776-1777 the New York Committee of Safety, then holding its sessions in Fishkill, deeming that village "too small to afford proper accommodations for the Convention and those who have business with the public," determined to move to a larger place. New York City was in the hands of the enemy, and Albany was too far re- moved from the scenes of civil and military activity. James Duane of New York and Robert Yates of Albany were, accordingly, selected to visit Kingston and Poughkeepsie with a view of making preliminary arrange- ments for the removal of the Committee of Safety to one or the other of these villages .* On the 31st of January, 1777, they reported to the Committee of Safety "in substance that they had conferred with the committee of Kingston, in Ulster county, and find that if the Convention should move to that place fifty members may obtain good accommo-
*The Secretary of the Committee of Safety was ordered to pay Messrs. Duane and Yates £6.14.1. to reimburse them the expenses attending their journey to Kingston, in Ulster county, by order of this Committee. (Journal of Committee of Safety, 7th of Feb., 1777).
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THE OLD COURT HOUSES OF ULSTER COUNTY, NEW YORK.
dations. That the price will be twenty shillings per week. That the court house, or a large room in the said building will be convenient for the Convention to meet in. That they had also inquired of several gentle- men at Poughkeepsie, and find that at least thirty members may be accom- modated in that neighbourhood; and that the gentlemen there informed them that the Episcopal church would be the most convenient place in Poughkeepsie in which the Convention could assemble." Unsuccessful efforts having been made to secure the selection of other places, Kingston won the prize, and, as will presently be seen, was destined to become the first Capital of the Empire State. The Committee of Safety convened in the courthouse in Kingston on the 19th of February, 1777, and was suc- ceeded on the 6th of March by the Provincial Convention which the same day ordered the committee selected to prepare "a system of a form of government," or constitution, to report on the 12th instant. This com- mittee had been appointed on the 1st of August, 1776, and consisted of thirteen members, among whom were John Jay, its chairman, Gouverneur Morris, Robert R. Livingston, and Colonel Charles DeWitt of Ulster county.
This report was duly presented to the Convention on the 12th of March, 1777, and its consideration commenced at the courthouse on the following day; but had proceeded for only a few days when its deliber- ations were interrupted by the necessity of paying some attention to the personal comfort, and even the physical safety, of its members. This arose from the fact that the old jail in the basement of the courthouse was congested with prisoners and that sickness prevailed among them. Its sanitary facilities, moreover, were sadly defective and the offensive odors arising therefrom had become so intolerable that at a session of the Convention, held at the courthouse on the 18th of March, a resolution offered by Gouverneur Morris was adopted "that the members be per- mitted to smoke in the Convention Chamber, to prevent bad effects from the disagreeable effluvia arising from the jail below." Perhaps, as an additional incentive, Morris had in mind the thought, afterward so tersely expressed by Bulwer Lytton, that "the man who smokes thinks like a sage and acts like a Samaritan." However that may be, Morris could not carry through his resolution with unanimity. Four of the delegates from Westchester, six from Albany and four from Ulster voted in favor; while three from Tryon (now Montgomery county) and eight from New York opposed it, and the delegates from Dutchess and Orange were "divided." Finally the endurance of the delegates reached its limit, and they adjourned to the tavern of Evert Bogardus, an old stone struc- ture, from a time before the memory of any now living in this com-
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munity can reach, called the "Constitution House," occupying the site of the present residence of Mr. Myron Teller on the northwest corner of Fair street and Maiden Lane .*
The consideration of the proposed State Constitution was continued with the care and earnestness that its importance demanded, and, having been concluded on Sunday, the 20th of April, 1777, was adopted the same day with only one dissenting vote. The Convention at the same session appointed a committee consisting of Robert R. Livingston, soon to be- come the first Chancellor of the new State; Gouverneur Morris, subse- quently our first minister to France; John Jay, about to be elected Chief Justice of the Supreme Court of our State, and three others, "to prepare and report a plan for organizing and establishing the government agreed to by this Convention." It also ordered three thousand copies of the Constitution to be printed at Fishkill, that it be "published" at the courthouse at 11 o'clock in the morning of the 22nd of April, and that the inhabitants of Kingston be notified accordingly. The adoption of this organic law, fraught with mighty possibilities most of which have been realized, added singular lustre to this locality, and filled the hearts of its people with unwonted pride, happily ignorant as they were that in less than six months their joy would be changed into mourning by the ruth- less destruction of every dwelling but one in their now distinguished village.
Before the blow fell, however, the old courthouse was to witness another incident of equally historic interest. On the 9th of July, 1777, the Council of Safety officially declared that "George Clinton, Esquire, is duly elected Governor of this State." His duties in the field at that time required his closest attention, but the Council of Safety, in an official communication of the same day, presented its congratulations and re- quested him to repair to Kingston "with all convenient speed" to take the oath of office. The exigencies attending his military operations, how- ever, forbade his immediate compliance with this request, which was repeated in a resolution passed on the 21st of July; and nine days later, on the 30th instant, he appeared before the Council of Safety and took the oath of allegiance to the State, together with his oath of office.
The inauguration of Clinton took place in front of the courthouse at 6 o'clock in the evening of the same day, and the ceremonies attending
*For a reason now unknown, the Council of Safety adjourned on the afternoon of the 11th of October, 1777, "to meet again this evening at Elmendorf Tavern,'' "' the stone house still standing on the south-east corner of Fair Street and Maiden Lane. diagonally opposite the Constitution House."' It doubtless continued there through its last session in Kingston, October 15th, the day previous to the burning of the village; at all events, it was convened there at the latter date.
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it, although unpretentious, were as dignified as became the significance of the occasion. By order of the Provincial Convention, the military companies of Captain Evert Bogardus and Captain John Elmendorplı, "properly armed and accoutered," were paraded on the spot, and, amid the joyful acclaim of the assembled crowds, a proclamation signed by Pierre Van Cortlandt, President of the Council of Safety, was read declar- ing George Clinton "Governor, General and Commander-in-Chief of all the Militia, and Admiral of the Navy of this State, to whom the good People of this State are to pay all due Obedience, according to the Laws and Constitution thereof." One may easily imagine the enthusiasm that pervaded the community that evening. Its inhabitants not only had been liberated from the yoke of British injustice, but they now witnessed in their already historic village the last act in the drama that sealed the sovereignty of their State. What wonder, then, that they rejoiced !*
Upon the character and career of this truly great man and son of Ulster county we cannot now enlarge. As a General in our War of Inde- pendence, seven times elected Governor of this State, and Vice-President under both Jefferson and Madison, his record has become an essential part of our state and national life. His earthly remains repose in yonder churchyard, but his sturdy traits of character, his unselfish patriotism, his indomitable courage, his keen sagacity, his unfailing energy, and his wide influence for good in every sphere of his life and activity, remain not only as a stimulating memory and influence, but also as one of the most valuable legacies beugeathed to our beloved country and state and county.
Another historic incident connected with the last pre-revolutionary courthouse is of too great interest to be ignored. On the 3rd of May, 1777, two weeks lacking a day after the adoption of the Constitution, the Provincial Convention, sitting in Kingston, elected the Hon. John Jay Chief Justice of the Supreme Court of the State. This court came into being during the colonial period, but was recognized in the State Consti- ution, recently adopted, and held its first session under the new regime on the 9th of September, 1777. On that occasion the Chief Justice deliv- ered in the courthouse his first charge to the grand jury, which has
*On the exterior of the front wall of the present courthouse, near the door, is a large bronze tablet, erected by the "Colonial Dames of America," and unveiled and dedicated on the 15th of October, 1898, bearing the following inscription: "The Society of the Colonial Dames of America place this Tablet to mark the spot whereon was set in motion the Commonwealth of the State of New York on the thirtieth day of July in the year of our Lord one thousand seven hundred and seventy-seven by the Inauguration as Governor in the presence of the Council of State of Major General George Clinton of Ulster, seven times Governor of New York and twice Vice President of the United States." A picture of this tablet faces page 210 of Vol. II of Olde Ulster.
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happily survived to this day and is crowded with patriotic utterances, one of which is such a compact expression of the spirit of modern democ- racy now asserting itself so conspicuously throughout the world that it seems appropriate to repeat it. "Blessed be God," he said, "the time will now never arrive when the prince of a country of another quarter of the globe will command your obedience, and hold you in vassalage. His consent has ceased to be necessary to enable you to enact laws essential to your welfare; nor will you in future be subject to the imperious sway of rulers instructed to sacrifice your happiness whenever it might be in- consistent with the ambitious views of their royal master." This "Charge" was printed in pamphlet form the same year in Kingston by John Holt, "Printer of the State of New York."
The most cruel incident connected with that notable courthouse was now impending, for in less than three months after Clinton's inauguration it was a hideous wreck. The people of Ulster paid most dearly for their patriotism at the hands of British vengeance on the 16th of October, 1777, when, under the orders of Major General John Vaughan, the village of Kingston, the Capital of the State and one of the conspicuous strong- holds of Revolutionary endeavor and accomplishment, fell a prey to the merciless flames. It was a pitiful sight that greeted the eye on the eve of that October day. The gorgeous tints of autumn were painting the foliage on the neighboring hills, unmindful of the torch and flame, but nearer by the colors were of a dark and dismal shade. The strong stone walls of those once happy homes were still standing, but their roofs and interiors with such of their possessions as they could not carry away, had become food for the flames, while their streets were deserted and their inhabitants in flight. Over in the old graveyard the remains of the ancient Dutch Church with its massive tower told the sad tale of the day, while just across the street the bare and smoking walls of the courthouse bore silent testimony to the avenging hand of the invading foe.
The destruction of the courthouse and jail was naturally a severe financial blow to the county, impoverished as it was by the vicissitudes of war, but then as now sturdy and resolute men lived in Ulster county, and in less than six months they took definite action to rebuild it; not, how- ever, until the Council of Safety, in a spirit of thrift and economy, em- ployed honest means to save an honest penny. On the 6th of December, 1777, that body "Resolved, that Cornelius Duboys is hereby authorized to gather, collect and secure all the iron and nails in the ruins of the court
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house and jail of Ulster County,* lately consumed by fire, and which may be collected without further breaking of the walls; and that he render a true and perfect inventory thereof to the supervisors of the Couuty of Ulster, at their next meeting, who are hereby directed and required to order a sum of money to be raised, in addition to the other necessary and contingent charges of the county, sufficient to pay the said Cornelius Duboys for his trouble, labour and expenses in the premises."+
The county had become impoverished by the war to such a degree that it was wholly out of the question to rebuild the courthouse and jail by taxation. On the 17th of February, 1778, Governor Clinton wrote to Andries DeWitt, Chairman of the Committee of Safety and Observation of Kingston: "I have already suggested to sundry Members of the Legis- lature the Propriety of rebuilding the Court House & Goal at public Expence & I have Reason to hope it will be done." The Legislature, however, adopted a different course, and granted relief by an Act passed on the 3d of April, 1778, which will doubtless seem highly sensational to those who are not aware that it was entirely in accord with the custom of the times. The preamble of the Act declared that "the court-house and gaols in the county of Ulster were destroyed by the enemy on the sixteenth of October last;" and the Act provided that "the judges of the inferior court of common pleas and the supervisors of the county of Ulster may by way of lottery raise a sum not exceeding two thousand pounds to be applied towards re-building the court-house and gaols of the said county any law of this State to the contrary notwithstanding."
Private lotteries were forbidden in the Province or State of New York by laws passeed in 1721, '47, '72, '74 and '83, and both private and public lotteries were outlawed in 1833. The raising of money in this manner, however, for public improvements and religious, educational and benevo- lent enterprises was frequently authorized by legislative act from 1746 until the close of the first third of the last century. Mention may be made, for example, of a lottery in behalf of the fortifications of New York City in 1746; King's College, (now Columbia University), in New York in 1746, '48, '53 and '56; the war debt of Albany in 1758; the city hall in New York in 1762; the Federal Building in New York for the
*"An account of Cornelius DuBoys, amounting to twenty shillings, for collecting the parts of a stove belonging to or used by the late Convention of this State, from the ruins of the court house and goal at Kingston, and transforming the same to Hurley, was exhibited for payment. Ordered, That the Treasurer of this State pay to the said Cornelius Duboys, or his order, the said sum of twenty shillings, and take his receipt for the same.'' (Minutes of Council of Safety, 12 Dec., 1777).
¡The old jail must have been temporarily repaired with much speed, for Abraham Middagh, under sentence of death for disloyalty to the Colonial cause, addressed a letter to the Council of Safety, from the Kingston jail, on the 2d of December, 1777-between six and seven weeks after the burning of the village. (Calendar of N. Y. Revolutionary Papers, II., 312).
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accommodation of the United States Congress in 1790; the opening and improvement of state roads in 1797 and '98; the improvement of the navigation of Hudson river in 1800, '01 and '10; the Regents of the University of the State of New York in 1801; Union College in 1805, '07, '13 and '14; the Orphan Asylum Society of New York in 1809; and of Asbury African Church in New York City, Hamilton College, and the College of Physicians and Surgeons in New York City in 1814.
This courthouse lottery was organized by Joseph Gasherie, Cornelius E. Wynkoop, Christopher Tappen, Daniel Graham and John Nicholson, who were appointed by the judges and supervisors of the county to act as its managers. Its "scheme" contemplated the raising of £2,000., exclusive of expenses, "for re-building the court-house in Kingston, Ulster county," and was first published in John Holt's "New-York Journal, and the Gen- eral Advertiser" of the 25th of May, 1778. It provided for the sale of 8,334 tickets, 5,552 of which were to be blanks, at $5. each; and the prizes ranged from one of $2,000. to 2,642 of $10. each. These prizes were subject to a deduction of fifteen percent on each successful ticket for ex- penses, and the drawing was duly announced to take place on the first Tuesday in September, 1778. Circumstances, however, compelled a post- ponement, and the drawing was finally made on the first Tuesday of the following December, the list of "Fortunate Numbers" being published in Holt's "New-York Journal, and the General Advertiser" of the 1st of February, 1779, and filled two of its columns.
Although the law by virtue of which this money was raised provided that it should be expended for rebuilding both the courthouse and jail, it would seem that in the first instance it was devoted exclusively to the rebuilding of the courthouse proper. It was evidently not yet even de- cided whether the jail should be located in the courthouse proper or be a detached building, and it seems that the matter was still undetermined when an application was made to the Legislature for assistance. An Act was passed on the 26th of March, 1781, whose preamble reiterated the statement that "the goal in the county of Ulster was destroyed by the enemy," and which required the supervisors to raise by taxation a sum not exceeding £300. for building it. It provided that the supervisors and the justices of the peace of the county should select the most "conven- ient" place for its location, as well as determine its dimensions, "and of what materials the same should be built," and it was also stipulated that use might be made of "such and so many of the materials remaining of the old gaol as can be applied to the building and finishing the gaol to be built in pursuance of this act." The jail was finally located in the south
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THE OLD COURT HOUSES OF ULSTER COUNTY, NEW YORK.
end of the courthouse. It may be stated, by the way, that by an Act of the Legislature, passed on the 30th of March, 1778, the sheriff was author- ized to make use of the several jails of Orange, Dutchess and Albany counties, until the Ulster county jail should be erected.
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