USA > New York > Dutchess County > Poughkeepsie > The records of Christ church, Poughkeepsie, New York, Vol I > Part 29
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31. Parish Mss., Glebe papers, Section F, No. 18.
Letter, addressed: "The Rev'd Mr. Chase, Present."
Poughkeepsie 6th Sept, 1803.
To the Pastor, Wardens, & Vestry of the Episcopal Church, Gent'n,
At the Meeting held sometime past at the Rev'd Mr. Chase, I Demanded of you to give up the Possession of a certain lot of Land, the property of the Rev'd John Beardsley. Which lot of land I now Demand, or to pay me the sum of £291 lawful money of the State of New York. Upon receipt of the afore- mentioned sum of £291, I will execute to you a Quit Claim of . said lot of land and give you a full Discharge from all accounts
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whatsoever the Rev'd John Beardsley may have against the Episcopal Church at Poughkeepsie.
You will Please give me an answer to this Proposal. I remain Gent'n your hmb Servt Samuel Nichols.
On the outside of this letter is written:
To the Wardens and Vestry of Christ's Church
I do not deem the contents of the within curious commu- nication of sufficient consequence to justify me in calling a meeting. Nevertheless, if any of you should differ from me in this opinion, I beg you would signify the same to Gentlemen yours &c P. Chase.
Parsonage house-Septemb'r 6, 1803.
32. Vestry Minutes, Vol. 1, p. 268.
1805, Apr. 17, Resolved, that a Committee of two persons be appointed to wait on the Rev'd Mr. Beardsley, to inquire whether it be his wish to meet the Vestry upon the unsettled business between him and this Corporation, and, in case he shall desire it, to make arrangements for calling a Special meeting of the Vestry.
Whereupon the two Wardens were appointed that Committee.
33. Vestry Minutes, Vol. 1, p. 268-69.
1805, Apr. 22, Resolved, that William Emott, John Davis, & Randle Street be a Committee for the purpose of Conferring with the Rev'd John Beardsley respecting any communications he may wish to make to this board, and report the substance of the conference in writing to this board at their next meeting.
34. Parish Mss., Glebe papers, Section F, No. 22.
Communication addressed to "William Emott Esquire Poughkeepsie." Endorsed in Emott's writing,-"G. B. Van Ness Councellor & Opinion respecting a Claim on Land by Mr. Beardsley." Reads as follows:
Sir,
I have perused the statement you have made for me relative to the claim of the Rev'd John Beardsley to one third part of your Glebe.
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It appears from the above statement that the claimant has a conveyance from the original proprietor of the Glebe of the one third part thereof, which, on the face of it, appears to be an absolute deed in fee simple.
It appears from documents within your power that this deed was taken and held in trust for the Church.
It also appears that in the year 1773 a deed of confirmation was sued out from the then Governor and Council for the Glebe, including the premises now claimed, whereby the church have ever since held the possession of the same.
I am of opinion :- That if the trust can be established, that a court will always presume that the trustee has surrendered or reconveyed for the benefit of the cestui que trust, who in this case would be the Church, in order to protect the pos- session against the trustee.
I also think that the Church, having had more than 20 years possession, and such possession acquired at least under color of right, will in law be deemed adverse and thus defeat an action of Ejectment.
The former seems to me to furnish the more valid and com- plete defence, and therefore would advise your principal atten- tion to that &c.
Equitable claims seem not at present to be the basis of in- quiry, I therefore forbear giving an opinion on them.
Yours respectfully &c G.B. Van Ness. May 17, 1805.
To Wm Emott Esqr
Agent for Church affairs.
35. Vestry Minutes, Vol. 1, p. 269.
1805, May 23, The committee appointed at the last meeting to confer with the Rev'd Mr. Beardsley reported that they had rec'd the Claims of Mr. Beardsley in writing, which were read to the board and ordered to be placed on file.
[Editor's note: This document is on file in Parish Mss., Glebe papers, Section F, No. 19, A copy of it is here inserted in connection with the quotation from Vestry Minutes.]
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The Corporation of the Episcopal Church at Poughkeepsie, To John Beardsley, Clerk,. .Dr.
The barn I left standing on my Land was 49 by 21 feet, 32 feet covered with shingle, the residue with Boards, the roof of that part covered with
boards projected beyond the body of the building so as to form a shed for cattle. This building being removed by order or permission of the Cor- poration, I charge as an item of my account, which, though at an under, or very low, appraisement, I set it down at. £ 40.0.0
To a barn built on the Glebe wholely at my ex- pence. 60. 0.0
To one years salary.
30. 0.0
To cash I spent in procuring a Charter of incor- poration for the church and patent of confirmation for the Glebe and my own Land. 64. 0.0
To the use and occupation of 23 acres of Land
from December 1777 to May 1783, 5 years at
£6.0.0 per year. 30. 0.0
To do. till 1800, 17 years, £10 per year 170. 0.0
1805, 5 £15 66 75. 0.0
£469. 0.0 Cr.
Per Contra
By cash in hand toward defraying of the expenses
of procuring the Charter and confirmation of title to the land about. £ 14. 0.0
By my proportion of the expense in procuring the patent of confirmation to the Glebe, including my 23 acres, which at the time I took my deed was supposed to be one third in quantity of the Land purchased of Ostrander
21. 0.0
By cash paid to Jacobus Ostrum by the Corpora- tion . 75. 0.0
£110. 6.8
By ballance due
358.13.4
Errors excepted £409. 0.0
Poughkeepsie 22d of April 1805
John Beardsley
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N. B. As I had great anxiety, and used much exertion in up Building and establishment of the Episcopal church in its in- fancy here, So I would wish to demonstrate in the Business before us, That I have not forgotten the Sacred connection between us; and as the above articles are rendered on a prin- ciple that the demand is founded in equity, and the sums far within the bounds which Strict Justice points out, Should they not be acceeded to, I hold myself at liberty in future to demand what I suppose good conscience will warrant; Especially with respect to the Charges for the use and occupation of my Land; which Land I expect will without hesitation be Surrendered to me.
John Beardsley.
[Editor's note: Accompanying the above account, is a separate sheet, filed as No. 20 of Section F, Glebe papers, which is endorsed in William Emott's writing,-"John Beardsley 1805 Observations &c May 7th." A copy of it is here inserted.]
With the Statement I handed in, I wish also to present fol- lowing Notes or memorandum respecting the Farm pur- chased of Ostrander by the Members of the Church and me. The whole was bought for £600.0.0 and as I was one third in the purchase I became responsible for £200. At the time I took a deed of Ostrander, the old Farm was thought to con- tain only 70 acres, and my third was concluded to be but 23 acres, as my deed shews.
The dwelling House, the well, the Barrack, the apple orchard and other fruit trees being on the part the Church purchased, it was considered equally valuable by the acre with what was set off to me. The Farm afterwards was found to contain a hundred acres, which left me Short of my Just Dividend.
It was on this account that Mr. Crannell, at a meeting of the Vestry, prevailed on the members to put off a re-grant or deed from them to me of the 23 acres (as he said to me) that in the final adjustment I might have more land allowed me.
It is no doubt well known to Sundry here, that my 23 acres, being included in the grant of lands given to the Church, was Solely with a view to prevent a double Cost, which must have (been) incurred had I taken out a Separate grant to my 23 acres.
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The method which took place was thought the best, and it was so done on the principle above mentioned.
My motive in presenting this memorandum is to assist those who were here on the Spot, at the time when the matters re- ferred to were transacted, in a due recollection; and, withal, to inform others who have Since Settled here, and have become members of the Corporation, whose right it is to know the grounds of the whole business. As I did not remove from Poughkeepsie to New York and Join the British Side of my own accord, but went by Constraint, being Sent away by the powers then prevailing, I was not considered in the light of those who left their home of Choice, and therefore no attainder was ever made out against me.
[Continued :- minutes of May 23, 1805.]
The Committee also reported a Statement in writing of the situation of the Controversy with the Rev'd Mr. Beardsley as far as the same had come to their knowledge, which was read to the board.
[Editor's note: This document is on file in Parish Mss., Glebe · papers, Section F, No. 21. A copy of it is here inserted in connection with the quotation from Vestry Minutes. The writing is William Emott's.]
May 1805 Memorandum and minutes supposed to be cor- rect for the use of the investigating Committee, relative to certain Claims of the Rev'd Jno Beardsley.
This gentelman, being a Missionary of the society for propa- gating the gospel in foreign parts, came from Groton in Con- necticut to Fishkill about the year 1766 to establish a mission, and getting acquainted with Messrs Cooke and Laroux and others in that town, they entered zealously into the measure.
The terms proposed were that a small Farm or Glebe should be purchased for the use of the clergyman, with a Salary of £60.0.0 pr annum, this being complied with by one or more congregations as he should agree to; the Society on their part would furnish a Library and Settel an anuity on the mission of £35.0.0 Sterling.
The gentelemen of Fishkill, wishing to embrace this Opper- tunity, made sutable exertions in their Vicinity.
But, not possessing resources competent to the Occasion, with Mr. Beardsley's consent, they sought for assistance from the adjoining town of Poughkeepsie, who, with respect of num-
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bers or wealth, were vastly inferior and might be Shook of at a Convenient Season.
Under these impressions, Messrs Crannell, Harris, and Others were resorted to and some of the inhabitants of Po- quague & Nine Partners were induced to give their feeble aid.
These gentelmen held their meetings at Peter Harris's, (now Ingrams); the necessity of the case obliged them to form a self-created Society, it was called a Vestry meeting of the four Churches.
The first step was to agree where the Glebe should be pur- chased, whether in Fishkill or Poughkeepsie.
The gentelmen from the first of these places, considering themselves as principles, expected little opposition to having it in their town and neighborhood.
Mr. Crannell, however, a Sharp sighted man, took care to make sutable impressions on the clergyman of the propriety of making the purchase at Poughkeepsie.
All this was Correct. However, when the thing was to be settled at Harris's, the one side advocated the purchase of a place near Mr. Cooke's ; the other, Ostrander's farm; after a lengthy and warm altercation, in which neither of the parties would yield, they had but one alternative and pledged their honour to abide the decision of Mr. Beardsley.
He, being called into the room, and not being suffered to de- cline giving an Opinion, was in favour of Ostrander Farm.
Mr. Cooke and his friends were much mortified and dis appointed at the parson's decision.
However, as they had committed themselves, they endeav- ored to have a reconsideration; on the principle that (the) Ostrander farm would cost about a third more than the Fish- kill Glebe and contained fewer acres; that the Joint efforts of the intended Churches might not be sufficient to raise the purchase money.
Mr. Beardsley was by some means induced to offer, if no better plan could be devised, to take 1/3 of the Land rather than return to New England and abandon his present plan of a Settelment in Dutchess County.
This silenced the opposition, and subscriptions were set on foot to purchase the Ostrander Farm.
From this period, Mr. Cooke and his friends reposed less confidence in Mr. Beardsley, and a cordial intimacy on the part of the Clergyman took place with Mr. Crannell, who,
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from this moment, until the grant and Charter was obtained the 9th of March in the year 1773, might be considered the dictator of every measure Relative to the Church affairs of Poughkeepsie.
These two gentelmen made the purchase from Ostrander, together with Messrs Cooke & Laroux with others, all of whom were nominal Church wardens and Vestrymen; their powers, if any they had, could only be of an Ecclesiastical Nature.
Mr. Crannell, being counsellor and conveyancer, drew one deed for 23 to the Society in England, and the other for 1/3 to Mr. Beardsley. This policy was necessary to induce the society to establish the mission, and to appease the Fishkill gentelmen.
Mr. Beardsley was at this time in low circumstances, as is generally the case with young professional men, and, having no connections to assist him in pecuniary matters, it is con- ceived that his receiving a conveyance thro the management of Mr. Crannell was merely a nominal thing; for he has never condescended to inform the episcopal Corporation of any payments made by him on the lot he pretends to Claim, or of his giving a Bond at the time. The presumption therefore is that he did not advance the money or give his Obligation.
In corroberation of the foregoing statement-Jno. Beard- sley, Barth'w Crannell, Isaac Balding, & Richard Davis Signed a petition to Gov'r Tryon 4 Oct'r 1771, Setting forth, in Substance, that all the lands purchased of Ostrander was the Sole property of the Church, & was, for want of Letters of incorporation held by Deeds of trust only,-to wit a Deed to the Society and also a deed to Mr. Beardsley; all which is again contained in the Recitals in the Confirmation and Char- ter and other Documents.
And this same Mr. Beardsley, under the Counsel and direc- tion of Mr. Crannell, went to New York as Agent, and pre- sented said petition, and attended to Business with the utmost diligence, until he got it accomplished. For which he charges £46.0.0.
It would be too tedious here to investigate the manner in which this purchase was made of Ostrander. It should seem that the purchasers were to step into Ostrander's shoes as it respected Ostrom's heirs.
The Old man being dead, but the widow was at that time living; and, as the payments would not become due until after
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her death, and her children (were) much in want of Cash, by consent of the mother her children were suffered to dispose of their shares; which 3 out of 5 at least did, at a discount for prompt payment.
The subscription moneys were received and applyed by Crannell & Beardsley. That Mr. Beardsley did not advance money, is evident from his entering into a Joint Obligation with Peter Harris to pay the sum of £8.0.0 a year interest money to the Old lady during her life; £4.0.0 of which was afterwards annually paid by Mr. Beardsley to her until about 1776.
The remainder that Beardsley was to have paid, and the whole sum due from Harris, has been paid by the Corporation, and the Obligation taken up in 1797 by the advice of Jacob Radcliffe Esqr.
It is believed that if Mr. Beardsley had continued here, and Mr. Crannell and himself had settled up their accounts, the Vestry-being now a legal body-would either have Reim- bursed the Sums that Mr. Beardsley had advanced, if any; or they might have Sold and Conveyed the lot to him, if he found himself in Circumstances to make the purchase.
Why this arrangement did not take place between the 9th March 1773, the time when this Body politic was Created, and Nov'r 1776 when he removed to New York, is mysterious.
The corporation, from the first moment of its existence, found themselves in possession of a title to the lands in ques- tion by the procurement of Messrs. Crannell & Beardsley; and in the Charter the one is named as Rector the Other church warden, and remained in their Respective offices while they Continued in Poughkeepsie.
Thus the Father-in-law and son-in-law had it amply in their power without opposition to have accounted for all moneys by them received or paid out, and made a final Settelment.
The corrispondence with Mr. Beardsley is on file with the Church papers, and the Reports of Various Committees will be found on the minutes of Vestry.
The acc't books of the Church justify a belief that Mr. Crannell's estate is considerably indebted to the Corporation, and Mr. Crannell Beardsley received a large legacy from that estate.
If therefore the Rev'd Mr. Beardsley should come forward with a Spirit of Conciliation, and abandon the Ideas of Suits,
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that Evil Counsellors may have infused into his mind, it is pre- sumed that the Vestry would not suffer themselves to be out- done in frankness & genorosity. Let him bring forward his Vouchers, and where these are wanting give his Statements from recollection. A Reasonable accomodation would pro- bably be the Result. But if a different course is pursued it is easy to foresee the unpleasant consequences that must ensue. N.B. Mr. Beardsley and others supposed he was indicted or attainted.
G. Livingston says this is not the fact.
11 May 1805.
[Continued :- minutes of May 23, 1805.]
The Board then proceeded to take the Claims of the Rev'd Mr. Beardsley upon this Corporation above referred to, into Consideration, when, after a dispationate and candid examination of the same, it was Resolved Unanimously
That, altho we entertain Sentiments of respect and esteem for the Rev'd John Beardsley our former Pastor, we are constrained to re- lect the Claims he has made on this Corporation through our Committee. The board however are Sincerely disposed to compensate him for any monies which may have been paid by him, or advanced out of his private property, in the purchase of the farm from Gideon Ostrander, or any part of it, for the use of the Church. In which they mean not only to be Just but Generous, if that part of his claim is dis- posed of without Vexatious and expensive Law suits. They will patiently, in the Spirit of conciliation, investigate all his other demands, and will endeavor to pursue such measures as will free them from cen- sure of acting from improper motives by every unprejudiced person. Ordered, that the Clerk present a Copy of the above Resolution to the Rev'd Mr. Beardsley now in Poughkeepsie, without delay.
36. Parish Mss., Glebe papers, Section F, No. 30.
Mr. Beardsley's reply to the above resolution of vestry.
Addressed,-"The Rev'd Highlander Chase Rector of Christ Church Poughkeepsie."
Your resolution of the twenty second ultimo, respecting my claims on the Corporation, I received the day before yes- terday at 10 o'clock P. M. by Mr. Badger your Clerk. By which it appears 'That the Board are sincerely disposed to compensate me for any monies which may have been paid by
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me or advanced out of my private property in the purchase of the farm from Gideon Ostrander or any part of it.'
The monies that I paid out of my private property was five hundred dollars. The interest on that sum from the thir- teenth of December in the year 1777, when I left and when the Church took possession, would at this time amount to $959.00. I will now release all my right in the said land if the Board will give me $1250.00, being $209.00 less than the legal interest; meaning however to leave the Claims which I have against the Board as a subject for future discussion.
You will perceive from the above offer, Gentlemen, that I ask nothing from your generosity. I only wish for Justice, and to evince to you that I do not desire 'vexatious and expen- sive Law suits,' I will accept less than my right.
You are not however to consider me as bound by this prop- osition hereafter, in Case it should now be rejected, and your explicit answer to this proposition is requested as soon as possi- ble
[Editor's note :- The signature to this paper has been cut away apparently for an autograph.]
37. Parish Mss., Glebe papers, Section F, No. 23.
Letter, addressed to "Randall S. Street Esqr or to the Church wardens of Christ Church Poughkeepsie."
Poughkeepsie 13th June 1805.
Gentlemen,
It is more than a month since I wrote and requested to know what the Vestry had done with respect to the papers I gave in when we met at Mr. Emott's.
The reason of this delay is to me unaccountable!
I hope, however, to hear from you, and that soon, as sus- pense in the Business depending is painful.
Unless I am gratifyd by your answer, I must proceed in future as my Counsel may direct me.
I am Gentlemen your humble
Servant
John Beardsley.
To the Committee of the Corporation of Christ Church at Poughkeepsie.
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38. Vestry Minutes, Vol. 1, p. 270.
1805, June 20, Letter read to the vestry from Mr. Beardsley. Resolved unanimously that the board cannot agree to the demands of Mr. Beardsley as mentioned in the above Letter.
Resolved that the Clerk of this board communicate the above Resolution to Mr. Beardsley immediately.
39. Parish Mss. Glebe papers, Section F, No. 24.
Poughkeepsie 29th June 1805.
Mr. Beardsley
presents his Compliments to the Corporation of the Rector and inhabitants of Poughkeepsie in Communion with (the) Protestant Episcopal Church in the State of New York, and proposes, by way of Accomodation, reserving to himself all his legal and equitable Rights in case the corporation does not ratify the proposals, herein after mentioned, by the first day of August next.
1 John Beardsley agrees to Release all Demands against the said corporation, both in law and equity, and to Execute a Release and quit claim to the said Corporation of one moiety of the Lands now in the Occupation of James Moore on the following conditions --
2 Mr. Beardsley to make an equal division of the said land, respect being had unto Quality as well as Quantity, the Corporation to have the choice of the lotts or visa versa-
3 The expense of the Survey and conveyance to be paid equally by the parties --
4 James Moore to have the liberty of taking of the hay and crop now on the ground, but he is not to commit waste or remove any of the fences.
John Beardsley.
40. Vestry Minutes, Vol. 1, p. 272.
1805, July 1, [the above proposition by Mr. Beardsley was presented to the vestry by John Davis, warden.]
On motion made and seconded,-Resolved that the aforesaid pro- positions be accepted, provided that, if at any time hereafter, the heirs of Hendrick Ostrom deceased, or any of them, should recover any Sum or Sums of money from this Corporation, on Account of any Legal Incumbrance, if any such does exist on the farm purchased from Gideon Ostrander, of which the Lands in Question constitute a part, then the
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said John Beardsley or his legal representatives, shall be liable to pay one half of such costs, or expenses, be the same more or less.
This Corporation farther declares,-That, they absolutely deny that he the said John Beardsley has any right, Title, or demand to the Lands purchased from said Gideon Ostrander, or any part thereof, either in Law or Equity; Neither has he, the said John Beardsley, any other demand whatsoever against this Corporation; But, that any Lands, that may be Quitclaimed to the said John Beardsley, is con- sidered as a donation, and Testimony of our good will and affection towards him.
Resolved, that, William Emott, Robert Noxon, and Ebenezer Badger be a Committee to carry the above resolution into effect within the limited time, if John Beardsley agree to the same.
41. Parish Mss., Glebe papers, Section F, No. 25.
1805, July 10, Original contract between Mr. Beardsley and the com- mittee of vestry, agreeing to a division of the land.
42. Parish Mss., Glebe papers, Section F, No. 26.
1805, July 24, original quit-claim deed from the Rev. John Beardsley for twelve acres of land.
43. Parish Mss., Glebe papers, Section F, No. 27.
1805, July 24, original release from the Rev. John Beardsley of all his claims.
44. Parish Mss., Glebe papers, Section F, No. 28.
1805, July 24, Map of the division of the land. Twelve acres to the east belonging to the Church; fourteen acres to the west belonging to Mr. Beardsley.
45. Parish Mss., Glebe papers, Section F, No. 29.
1805, July 24, receipted bill for the expenses of the settlement. David Brooks charged $14.00 for "surveying, calculating, plotting, and dividing the lot of land; 2 deeds & acknowledgements; 2 Gen'l Re- leases & ackts."
Garritt B. Van Ness charged $2.50 "for the articles of agreement."
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CORRESPONDENCE, PROCEEDINGS, ETC., IN THE CALL TO THE RECTORSHIP EXTENDED TO THE REV. HENRY VAN DYCK
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