HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
On September 19. 1609, Henry Hudson, sailing the Half Moon under Dutch flag, arrived at the location of what would become the City of Albany.
In 1615, Dutch Fur traders, operating under government license, rebuilt the French post on Castle island and called it Fort Nassau.
That post lasted only three years.
Not benefiting from the French trader’s experience sixty-five years earlier, it too was washed out by spring floods in 1618.
In 1616 the first murder was recorded at Fort Nassau.
Hendrick Corstiaensen, captain of the Dutch ship Fortune was shot dead by a man named Orson who was a crew member on a ship captained by Adrian Block (Block Island).
Orson was described by a contemporary historian of the Company as “an exceedingly malignant wretch.”
Orson, probably knowing that his sour disposition earned him little sympathy, attempted to escape.
He was shot dead in the endeavor.
In 1624 French Protestants from Belgium (known as Walloons) received a license from the Dutch West India Company to settle along the Hudson.
Arriving at the site of Albany, they constructed Fort Orange.
This fort was located about a hundred yards south of the old D & H Railroad building on Broadway (then South Market Street) in an area later called Steamboat Square.
The site is now covered by the overpasses of I 787.
The D & H Building now houses the administrative offices of the State University system.
By 1629 this settlement at Fort Orange was abandoned because of upkeep costs resulting from spring floods.
In June 1629, the Dutch West India Company issued a manorial grant of land to a wealthy Dutch gem merchant named Kiliaen Van Rensselaer.
Under the terms of the grant, Van Rensselaer was required to purchase the land from the Mahicans at a fair price and provide for the emigration of settlers to populate the new colony.
On July 27, 1630, Kiliaen Van Rensselaer’s agent, Sebastian Crol, signed a deed purchasing the Manor from the Mahicans.
It was approximately twenty-four miles along the river and 24 miles deep on each side, or about 2000 square miles, more than 1.5 times bigger than Rhode Island.
TO BE CONTINUED ...
THE POT BELLY STOVE ROOM
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
It should be noted that native Americans did not conceive of a legal ability to buy and sell land.
For them, a land sale was merely an agreement to share and equitably use the available resources.
It was closer to our concept of a license or easement.
However, the Van Rensselaer Manor grant would occupy an area that encompasses what is now Albany, Rensselaer and part of Columbia counties.
Kiliaen Van Rensselaer would never set foot on his manor.
The manor system would exist for over two hundred years.
Prompted by the Helderberg Rent Wars of 1838, the Constitution of 1846 would abolish the feudal tenancies that provided the manor’s wealth.
New Netherlands under the Dutch was, at first, a corporate enterprise.
The Patroon exercised near dictatorial powers within the manor.
But other areas, such as Beverwyck (Albany) and New Amsterdam (New York) were under a Director General answerable to the States-General in Holland.
The first Director General of significance, Peter Minuit, took command of the Province in May of 1626.
Both the manors and the settlements were nominally under the Dutch legal system which followed Roman law.
In many respects, especially in the area of the standing of women and property rights, the Dutch system was far advanced over English law.
Women could own and inherit property and run businesses.
They also had a greater say in family matters.
Women’s rights would experience a dramatic retrenchment when the colony was taken over by the English.
On the other hand, the Dutch legal system did not offer jury trials.
The wealth the of patroon’s feudal system came from three main sources.
First, it comprised an enormous area of unoccupied land (if the native Americans are ignored) that could be fished and hunted.
Second it was farmed by tenants who were close to feudal serfs from whom rents were extracted.
Third, there were slaves who worked for free.
The first slaves were mostly from the Caribbean because, as skilled field hands, they were more valuable than slaves from Africa.
Slaves first arrived in 1619 in Virginia and within ten years they arrived in New Netherlands.
By 1790, there were nearly 4,000 slaves in Albany County.
In the early days of the colonies, New York City would be the primary port of entry for slaves.
In 1799, New York, was one of the last northern states to abolish slavery.
But it did so gradually.
Total abolition did not take effect until 1827.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
It should be noted that native Americans did not conceive of a legal ability to buy and sell land.
For them, a land sale was merely an agreement to share and equitably use the available resources.
It was closer to our concept of a license or easement.
However, the Van Rensselaer Manor grant would occupy an area that encompasses what is now Albany, Rensselaer and part of Columbia counties.
Kiliaen Van Rensselaer would never set foot on his manor.
The manor system would exist for over two hundred years.
Prompted by the Helderberg Rent Wars of 1838, the Constitution of 1846 would abolish the feudal tenancies that provided the manor’s wealth.
New Netherlands under the Dutch was, at first, a corporate enterprise.
The Patroon exercised near dictatorial powers within the manor.
But other areas, such as Beverwyck (Albany) and New Amsterdam (New York) were under a Director General answerable to the States-General in Holland.
The first Director General of significance, Peter Minuit, took command of the Province in May of 1626.
Both the manors and the settlements were nominally under the Dutch legal system which followed Roman law.
In many respects, especially in the area of the standing of women and property rights, the Dutch system was far advanced over English law.
Women could own and inherit property and run businesses.
They also had a greater say in family matters.
Women’s rights would experience a dramatic retrenchment when the colony was taken over by the English.
On the other hand, the Dutch legal system did not offer jury trials.
The wealth the of patroon’s feudal system came from three main sources.
First, it comprised an enormous area of unoccupied land (if the native Americans are ignored) that could be fished and hunted.
Second it was farmed by tenants who were close to feudal serfs from whom rents were extracted.
Third, there were slaves who worked for free.
The first slaves were mostly from the Caribbean because, as skilled field hands, they were more valuable than slaves from Africa.
Slaves first arrived in 1619 in Virginia and within ten years they arrived in New Netherlands.
By 1790, there were nearly 4,000 slaves in Albany County.
In the early days of the colonies, New York City would be the primary port of entry for slaves.
In 1799, New York, was one of the last northern states to abolish slavery.
But it did so gradually.
Total abolition did not take effect until 1827.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
In 1638, the Dutch West India Company sent Willem Kieft to govern the colony.
His plan to tax the Native Americans did not go over well with them and it resulted in a war against the colonists.
In 1641 Adriaen Van der Donck, a lawyer educated at the University of Leyden in Holland, arrived to protect the Patroon’s interest and to set up the Patroon’s Courts in Rensselaerwyck.
He can be considered the first lawyer to appear in the first court in New York.
In 1647, Kieft was replaced by the most famous Dutch Governor, Pieter Stuyvesant.
Stuyvesant reestablished order in the Colony and reined in the power of the patroons.
He expanded the authority of the settlements to be self-governing.
For Albany (then Beverwyck) he famously established the “cannon shot” boundary.
Residences or other structures were not permitted within an arc of land defined by the radius of the distance a cannon ball could be shot from the fort (about one-half mile).
The purpose was to clear a field of fire that would not contain any cover for attackers as the Mohawks to the west were particularly aggressive at this time.
The second reason was to demarcate a boundary to separate the settlement from the manor lands.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
In 1638, the Dutch West India Company sent Willem Kieft to govern the colony.
His plan to tax the Native Americans did not go over well with them and it resulted in a war against the colonists.
In 1641 Adriaen Van der Donck, a lawyer educated at the University of Leyden in Holland, arrived to protect the Patroon’s interest and to set up the Patroon’s Courts in Rensselaerwyck.
He can be considered the first lawyer to appear in the first court in New York.
In 1647, Kieft was replaced by the most famous Dutch Governor, Pieter Stuyvesant.
Stuyvesant reestablished order in the Colony and reined in the power of the patroons.
He expanded the authority of the settlements to be self-governing.
For Albany (then Beverwyck) he famously established the “cannon shot” boundary.
Residences or other structures were not permitted within an arc of land defined by the radius of the distance a cannon ball could be shot from the fort (about one-half mile).
The purpose was to clear a field of fire that would not contain any cover for attackers as the Mohawks to the west were particularly aggressive at this time.
The second reason was to demarcate a boundary to separate the settlement from the manor lands.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
By 1642, Father Isaac Jogues, a French Jesuit missionary, would report that the settlement at Albany contained about one hundred persons.
However, this did not include the indentured servants living on the lands of the Patroon or slaves.
Jogues was captured by the Mohawks in 1646.
Accused of being a sorcerer, he was tortured and executed on October 18th of that year.
Below the Director (Governor) of the Colony of New Netherland, the branches of government that we think of as the executive, legislative and judicial were held by the Burgomasters, the Schepens and the Schout.
The Schout was the most important of these quasi-governmental officers.
The Schout combined the duties of a district attorney, sheriff and attorney general.
The Schepen were roughly the equivalent of the local court and city council while the Burgomasters were magistrates performing the functions of the mayor.
The Patroon’s Manor of Rensselaerwyck received its first governmental officers in 1632 with the appointment of Rutger Hendriksz as Schout along with five schepens.
This system would last until 1652, when the Director Pieter Stuyvesant appointed a separate court for Beverwyck and left the Patroon’s court with jurisdiction over just the manor of Rensselaerwyck.
With later reforms, all three of the above-mentioned offices would be elected by the burghers of the community.
The burghers were all adult white males with property.
By mid-century, the Dutch Empire was weakening.
It lost Brazil to the Portuguese in 1654.
This weakened status was not lost on the English who also claimed New Netherlands under the right of discovery based on the explorations of John Cabot and his son Sebastian (Actually Caboto, both were Italian).
To that end, Charles II sent four warships with 2,000 soldiers and sailors to New York (New Amsterdam), arriving off Sandy Hook on August 30, 1664.
With only 150 men under arms, Stuyvesant surrendered New Netherlands on September 8, 1664, without a shot being fired.
Charles II granted the lands to his brother James, Duke of York and Albany, who would become King James II in 1684.
New Amsterdam was renamed New York and Beverwyck was renamed Albany.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
By 1642, Father Isaac Jogues, a French Jesuit missionary, would report that the settlement at Albany contained about one hundred persons.
However, this did not include the indentured servants living on the lands of the Patroon or slaves.
Jogues was captured by the Mohawks in 1646.
Accused of being a sorcerer, he was tortured and executed on October 18th of that year.
Below the Director (Governor) of the Colony of New Netherland, the branches of government that we think of as the executive, legislative and judicial were held by the Burgomasters, the Schepens and the Schout.
The Schout was the most important of these quasi-governmental officers.
The Schout combined the duties of a district attorney, sheriff and attorney general.
The Schepen were roughly the equivalent of the local court and city council while the Burgomasters were magistrates performing the functions of the mayor.
The Patroon’s Manor of Rensselaerwyck received its first governmental officers in 1632 with the appointment of Rutger Hendriksz as Schout along with five schepens.
This system would last until 1652, when the Director Pieter Stuyvesant appointed a separate court for Beverwyck and left the Patroon’s court with jurisdiction over just the manor of Rensselaerwyck.
With later reforms, all three of the above-mentioned offices would be elected by the burghers of the community.
The burghers were all adult white males with property.
By mid-century, the Dutch Empire was weakening.
It lost Brazil to the Portuguese in 1654.
This weakened status was not lost on the English who also claimed New Netherlands under the right of discovery based on the explorations of John Cabot and his son Sebastian (Actually Caboto, both were Italian).
To that end, Charles II sent four warships with 2,000 soldiers and sailors to New York (New Amsterdam), arriving off Sandy Hook on August 30, 1664.
With only 150 men under arms, Stuyvesant surrendered New Netherlands on September 8, 1664, without a shot being fired.
Charles II granted the lands to his brother James, Duke of York and Albany, who would become King James II in 1684.
New Amsterdam was renamed New York and Beverwyck was renamed Albany.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
The Mayor’s Court is the first of New York’s courts.
In 1685,the first English Governor, Richard Nicolls, abolished the Dutch Mayor’s Court which consisted of the burgomaster and the schepens.
He replaced those judicial officers with their English equivalents: The Mayor, Aldermen and Sheriff.
In 1686, the Dongan Charter, Albany’s founding document, created the Mayor’s Court.
It should be noted that the “right of discovery’ is a pure legal fiction used to justify the powerful taking land from the less powerful.
It was dressed up in biblical incantations, the divine right of kings (which was a fiction itself) and supported by the 1493 Papal Bull of Alexander VI which divided the “undiscovered” world between Spain and Portugal.
The right of discovery would be embedded in American constitutional law by Chief Justice John Marshall in Johnson v. McIntosh (1823).
In that case, Marshall wrote that the Native Americans had a right of occupancy of their lands, but they did not own it in fee simple.
Upon America’s victory in the Revolutionary War, title to all lands held by the Europeans devolved to the United States.
On June 29, 1673, the Dutch reconquered New York, renaming the settlement New Orange.
Fort Albany surrendered to the Dutch on August 5th and was renamed Fort Nassau.
The settlement of Albany was renamed Willemstadt.
The Dutch control of the province lasted less than a year.
The Treaty of Westminster, signed February 19, 1674, ended the third Dutch-Anglo war.
Under its terms, New Netherland reverted to the English.
The English names of the forts and settlements were also reinstated.
In 1664, Governor Nicolls promulgated the “Duke’s Laws” to organize the new province.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
The Mayor’s Court is the first of New York’s courts.
In 1685,the first English Governor, Richard Nicolls, abolished the Dutch Mayor’s Court which consisted of the burgomaster and the schepens.
He replaced those judicial officers with their English equivalents: The Mayor, Aldermen and Sheriff.
In 1686, the Dongan Charter, Albany’s founding document, created the Mayor’s Court.
It should be noted that the “right of discovery’ is a pure legal fiction used to justify the powerful taking land from the less powerful.
It was dressed up in biblical incantations, the divine right of kings (which was a fiction itself) and supported by the 1493 Papal Bull of Alexander VI which divided the “undiscovered” world between Spain and Portugal.
The right of discovery would be embedded in American constitutional law by Chief Justice John Marshall in Johnson v. McIntosh (1823).
In that case, Marshall wrote that the Native Americans had a right of occupancy of their lands, but they did not own it in fee simple.
Upon America’s victory in the Revolutionary War, title to all lands held by the Europeans devolved to the United States.
On June 29, 1673, the Dutch reconquered New York, renaming the settlement New Orange.
Fort Albany surrendered to the Dutch on August 5th and was renamed Fort Nassau.
The settlement of Albany was renamed Willemstadt.
The Dutch control of the province lasted less than a year.
The Treaty of Westminster, signed February 19, 1674, ended the third Dutch-Anglo war.
Under its terms, New Netherland reverted to the English.
The English names of the forts and settlements were also reinstated.
In 1664, Governor Nicolls promulgated the “Duke’s Laws” to organize the new province.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
By 1676, Fort Orange, which sat near the river’s edge, was in deplorable condition.
It was replaced by Fort Frederick which was located about halfway up the State Street hill (then Yonkers Street) where Lodge Street crosses.
In 1678, the first English Governor, Edmund Andros, issued a patent to the Fifth Patroon, reconfirming his ownership of the areas outside Albany.
His manor was commonly called Rensselaerwyck.
In 1682, Colonel Thomas Dongan, a Catholic born in county Kildare, Ireland, became Governor of the Province.
On October 17, 1683, the First General Assembly met in New York and passed a Charter of “Libertys and Privileges,” which would be vetoed by King James.
The General Assembly also divided the Province into twelve counties: Albany, Cornwall, Duchess, Duke’s, King’s, New York, Orange, Queens, Richmond, Suffolk, Westchester and Ulster.
Albany County occupied much of upstate New York including what is now Vermont.
Duke’s County, then and now, comprised Cape Cod and the Islands.
Cornwall County would become part of the State of Maine.
From 1766-1772, parts of Albany County were carved out to make the Vermont counties of Cumberland, Gloucester and Charlotte.
Tryon County (now Montgomery) was also birthed from Albany.
At later points, parts of Albany County were removed to create Delaware, Greene, Columbia, Rensselaer, Saratoga, Schenectady and parts of Washington, Warren and Schoharie counties.
Albany County’s current borders were finally fixed when Schenectady County was created in 1809.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
By 1676, Fort Orange, which sat near the river’s edge, was in deplorable condition.
It was replaced by Fort Frederick which was located about halfway up the State Street hill (then Yonkers Street) where Lodge Street crosses.
In 1678, the first English Governor, Edmund Andros, issued a patent to the Fifth Patroon, reconfirming his ownership of the areas outside Albany.
His manor was commonly called Rensselaerwyck.
In 1682, Colonel Thomas Dongan, a Catholic born in county Kildare, Ireland, became Governor of the Province.
On October 17, 1683, the First General Assembly met in New York and passed a Charter of “Libertys and Privileges,” which would be vetoed by King James.
The General Assembly also divided the Province into twelve counties: Albany, Cornwall, Duchess, Duke’s, King’s, New York, Orange, Queens, Richmond, Suffolk, Westchester and Ulster.
Albany County occupied much of upstate New York including what is now Vermont.
Duke’s County, then and now, comprised Cape Cod and the Islands.
Cornwall County would become part of the State of Maine.
From 1766-1772, parts of Albany County were carved out to make the Vermont counties of Cumberland, Gloucester and Charlotte.
Tryon County (now Montgomery) was also birthed from Albany.
At later points, parts of Albany County were removed to create Delaware, Greene, Columbia, Rensselaer, Saratoga, Schenectady and parts of Washington, Warren and Schoharie counties.
Albany County’s current borders were finally fixed when Schenectady County was created in 1809.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
The Colony of New York claimed the eastern borders that had been claimed by the Dutch and this put the boarder at the Connecticut River.
Meanwhile, the English residents of Massachusetts and Connecticut claimed that the border should be ten miles east of the Hudson River.
A joint commission in 1684 produced a compromise that resulted in the borders that exist today, running approximately twenty miles east of the Hudson River.
On April 27, 1686, Governor Dongan issued a charter to the City of New York followed by a charter to the City of Albany on July 22, 1686.
This makes Albany the second oldest chartered city in the United States.
Peter Schuyler, great grandfather of Revolutionary War general Philip Schuyler, was appointed the first mayor and Isaac Swinton was the first Recorder (judge).
Just as it may sound, the Recorder had significant administrative executive duties in addition to holding court.
Many of these would devolve upon the position that would become the City Clerk.
As an aside, the only judicial experience had by John Marshall, the “Great Chief Justice” was that as Recorder of the City of Richmond.
Albany had about five hundred residents at the time.
It was also the skinniest city in America.
The Charter boundaries were one mile along the river and then northwest for fourteen miles.
The Dongan Charter set up Albany’s first courts:
“The [City] shall hold, once every fortnight in every year forever, upon Tuesday, one court of common pleas for all actions of debt, trespass upon the case, detinue, ejectment, and other personal actions, and the same to be held before the Mayor, Recorder and alderman, or any three of them (whereof the Mayor or Recorder to be one) who shall have power to hear and determine the same pleas and actions, according to the rules of the common law, acts of the General assembly of said Province……that the mayor of the said city ….shall and may determine all manner of actions between party and party, so always as the same shall not exceed the value of forty shillings.”
“….the mayor, recorder and aldermen of said city shall always be, so long as they shall continue in their said respective offices, Justices of the Peace for said county, and as such shall and may sit in the courts of sessions, or county courts, and courts of oyer and terminer, that shall from time to time be held and kept within said county."
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
The Colony of New York claimed the eastern borders that had been claimed by the Dutch and this put the boarder at the Connecticut River.
Meanwhile, the English residents of Massachusetts and Connecticut claimed that the border should be ten miles east of the Hudson River.
A joint commission in 1684 produced a compromise that resulted in the borders that exist today, running approximately twenty miles east of the Hudson River.
On April 27, 1686, Governor Dongan issued a charter to the City of New York followed by a charter to the City of Albany on July 22, 1686.
This makes Albany the second oldest chartered city in the United States.
Peter Schuyler, great grandfather of Revolutionary War general Philip Schuyler, was appointed the first mayor and Isaac Swinton was the first Recorder (judge).
Just as it may sound, the Recorder had significant administrative executive duties in addition to holding court.
Many of these would devolve upon the position that would become the City Clerk.
As an aside, the only judicial experience had by John Marshall, the “Great Chief Justice” was that as Recorder of the City of Richmond.
Albany had about five hundred residents at the time.
It was also the skinniest city in America.
The Charter boundaries were one mile along the river and then northwest for fourteen miles.
The Dongan Charter set up Albany’s first courts:
“The [City] shall hold, once every fortnight in every year forever, upon Tuesday, one court of common pleas for all actions of debt, trespass upon the case, detinue, ejectment, and other personal actions, and the same to be held before the Mayor, Recorder and alderman, or any three of them (whereof the Mayor or Recorder to be one) who shall have power to hear and determine the same pleas and actions, according to the rules of the common law, acts of the General assembly of said Province……that the mayor of the said city ….shall and may determine all manner of actions between party and party, so always as the same shall not exceed the value of forty shillings.”
“….the mayor, recorder and aldermen of said city shall always be, so long as they shall continue in their said respective offices, Justices of the Peace for said county, and as such shall and may sit in the courts of sessions, or county courts, and courts of oyer and terminer, that shall from time to time be held and kept within said county."
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
The local criminal court was comprised of the Mayor, the Recorder and one Alderman and they have power and authority to hear and determine all petty larcenies, riots, routs, oppressions, extortions, and all other trespasses and offences whatsoever within said city of Albany…according to the laws of England and the laws of said Province.
The Judiciary Act of 1691 established English Courts for the province with the Supreme Court of Judicature being the primary one.
By 1695, the English had fortified Albany with Fort Frederick and a stockade extending outward from the fort to the river.
At that time, the County of Albany had a population of about 1,500 while the Colony of New York contained about 18,000 people.
Fort Frederick would never fire or receive a shot in anger.
In 1785, the Common Council decided to dismantle the Fort.
Its stones were used in the construction of churches and its remains were used to widen State Street.
Over the next sixty years, the Colony was under constant threat from the French and their allied Indian tribes.
For most of this period, the English had forged an alliance with the Iroquois Nation.
In 1754, a congress of several colonies met in Albany to form a compact for their mutual defense against the French.
However, the first purpose of the event was to meet with the Iroquois Nation and repair the “Covenant Chain” which, for decades, had preserved the peace between the Iroquois and the English.
The delegates from seven provinces, led by Benjamin Franklin, met for several days at the Stadt Huys (City Hall) which stood on Broadway where it meets Hudson Avenue.
Despite the most important agenda item of the conference, the repair of the “covenant chain,” it was the second part of the conference that has captured the imagination of historians.
The Albany Plan of Union, which resembled important aspects of the federation of the Iroquois, was never implemented.
However, it would become a model for the confederation of the States in 1776 which would operate under the Continental Congress.
Historian Timothy J. Shannon, citing Lawrence Gibson’s The History of the British Empire Before the American Revolution, highlights the importance of the Albany Congress: “The Albany Plan of Union was an inspired piece of statecraft that, if enacted, would have helped preserve the first British Empire. In a thesis that lent scholarly credentials to the ruminations of Franklin and Adams, Gibson traced the causes of the American revolution to the British victory in the Seven Year’s War, which created problems the Albany Plan would have solved if implemented back in 1754. Once again, the Albany Plan might have saved the Empire (Shannon, at 10).”
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
The local criminal court was comprised of the Mayor, the Recorder and one Alderman and they have power and authority to hear and determine all petty larcenies, riots, routs, oppressions, extortions, and all other trespasses and offences whatsoever within said city of Albany…according to the laws of England and the laws of said Province.
The Judiciary Act of 1691 established English Courts for the province with the Supreme Court of Judicature being the primary one.
By 1695, the English had fortified Albany with Fort Frederick and a stockade extending outward from the fort to the river.
At that time, the County of Albany had a population of about 1,500 while the Colony of New York contained about 18,000 people.
Fort Frederick would never fire or receive a shot in anger.
In 1785, the Common Council decided to dismantle the Fort.
Its stones were used in the construction of churches and its remains were used to widen State Street.
Over the next sixty years, the Colony was under constant threat from the French and their allied Indian tribes.
For most of this period, the English had forged an alliance with the Iroquois Nation.
In 1754, a congress of several colonies met in Albany to form a compact for their mutual defense against the French.
However, the first purpose of the event was to meet with the Iroquois Nation and repair the “Covenant Chain” which, for decades, had preserved the peace between the Iroquois and the English.
The delegates from seven provinces, led by Benjamin Franklin, met for several days at the Stadt Huys (City Hall) which stood on Broadway where it meets Hudson Avenue.
Despite the most important agenda item of the conference, the repair of the “covenant chain,” it was the second part of the conference that has captured the imagination of historians.
The Albany Plan of Union, which resembled important aspects of the federation of the Iroquois, was never implemented.
However, it would become a model for the confederation of the States in 1776 which would operate under the Continental Congress.
Historian Timothy J. Shannon, citing Lawrence Gibson’s The History of the British Empire Before the American Revolution, highlights the importance of the Albany Congress: “The Albany Plan of Union was an inspired piece of statecraft that, if enacted, would have helped preserve the first British Empire. In a thesis that lent scholarly credentials to the ruminations of Franklin and Adams, Gibson traced the causes of the American revolution to the British victory in the Seven Year’s War, which created problems the Albany Plan would have solved if implemented back in 1754. Once again, the Albany Plan might have saved the Empire (Shannon, at 10).”
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
Governmental authority during the Revolutionary War in New York had a distinct ad hoc flavor.
The Provincial Council that met in Kingston reconstituted itself as a Constitutional Convention of 1777.
However, no voters ever called for such a convention and the Constitution produced at those meetings was never submitted to the voters for ratification.
Nevertheless, the Constitution of 1777 would be New York’s foundational governing document for the next forty years.
As for New York’s first government, the Convention selected all the governing officers and, during the war, the State was run by a Committee of Safety.
The British did not leave New York City until November 25, 1783.
Evacuation Day would be a local holiday in New York City for the next one hundred years.
The government at Albany met at the same location for its first two hundred years: on the northeast corner of Hudson Avenue and Broadway.
There are no depictions of the first Stadt Huys (State Hall) where court was held at least as early as 1673 on this site but it is shown on the map shown above from 1695.
The second building at that location was built in 1740.
It housed local and colonial offices, the courts and a jail in the basement.
That building was destroyed by fire in 1836.
From 1797 several local and state governmental offices occupied a new State Hall located on the southwest corner of State and Lodge Streets.
That “new” State Hall was replaced by a newer State Hall in 1842 which would eventually be the home of the Court of Appeals.
The State Hall that was on the corner of State and Lodge Streets was raised and a new building was erected that became home to the State Geological Society, the predecessor to the State Museum.
The new State Hall at Pine and Eagle Streets was built partly because of the concern that the building on State Street was not fireproof.
Ironically, the Eagle street building would have a major fire while undergoing renovations to fit it to house the Court of Appeals.
When the first Capitol opened in 1808 at the northwest corner of State and Eagle Streets, the local courts and the City Common Council would occupy its third floor.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
Governmental authority during the Revolutionary War in New York had a distinct ad hoc flavor.
The Provincial Council that met in Kingston reconstituted itself as a Constitutional Convention of 1777.
However, no voters ever called for such a convention and the Constitution produced at those meetings was never submitted to the voters for ratification.
Nevertheless, the Constitution of 1777 would be New York’s foundational governing document for the next forty years.
As for New York’s first government, the Convention selected all the governing officers and, during the war, the State was run by a Committee of Safety.
The British did not leave New York City until November 25, 1783.
Evacuation Day would be a local holiday in New York City for the next one hundred years.
The government at Albany met at the same location for its first two hundred years: on the northeast corner of Hudson Avenue and Broadway.
There are no depictions of the first Stadt Huys (State Hall) where court was held at least as early as 1673 on this site but it is shown on the map shown above from 1695.
The second building at that location was built in 1740.
It housed local and colonial offices, the courts and a jail in the basement.
That building was destroyed by fire in 1836.
From 1797 several local and state governmental offices occupied a new State Hall located on the southwest corner of State and Lodge Streets.
That “new” State Hall was replaced by a newer State Hall in 1842 which would eventually be the home of the Court of Appeals.
The State Hall that was on the corner of State and Lodge Streets was raised and a new building was erected that became home to the State Geological Society, the predecessor to the State Museum.
The new State Hall at Pine and Eagle Streets was built partly because of the concern that the building on State Street was not fireproof.
Ironically, the Eagle street building would have a major fire while undergoing renovations to fit it to house the Court of Appeals.
When the first Capitol opened in 1808 at the northwest corner of State and Eagle Streets, the local courts and the City Common Council would occupy its third floor.
TO BE CONTINUED ...
Re: THE POT BELLY STOVE ROOM
HISTORY OF ALBANY COUNTY, continued ...
by W. DENNIS DUGGAN
Published 2021
It is a common belief that the great democratization of America arrived in 1828 with the election of Andrew Jackson.
But in Albany, it arrived much sooner — with the Constitutional Convention of 1821.
That convention met in Albany from August to November of 1821.
It was a struggle between Governor Dewitt Clinton, the leader of the traditional party of Jefferson (Republican-Democrat) and the Bucktails, a faction that was associated with the Tammany Democrats in New York City.
The Bucktails were led by Martin Van Buren of Kinderhook and William H. Marcy of Troy.
Their name came from the insignia of the Tammany Society which displayed a buck’s tail in its ceremonial hat.
Under Van Buren, the Bucktails would become the dominant faction of the Democratic Party known the Albany Regency.
The new Constitution, adopted by the voters by a near 2-1 margin, dramatically changed the face of New York democracy.
The existing Council of Revision, comprising the Governor, the Chancellor and the Chief Judge of the Supreme Court, could veto bills.
It was abolished.
Also abolished was the Council of Appointment, made up of the Governor and one Senator from each of the four districts.
The Council of Appointment appointed virtually every civil, judicial and military officer in the state.
The new Constitution placed the appointment power for important positions with the Governor and most other high government offices became elected positions.
Property requirements for white male suffrage were eliminated and free Black males could vote (but with a property requirement).
Elections were moved from April to November with terms running with the calendar year.
TO BE CONTINUED ...
by W. DENNIS DUGGAN
Published 2021
It is a common belief that the great democratization of America arrived in 1828 with the election of Andrew Jackson.
But in Albany, it arrived much sooner — with the Constitutional Convention of 1821.
That convention met in Albany from August to November of 1821.
It was a struggle between Governor Dewitt Clinton, the leader of the traditional party of Jefferson (Republican-Democrat) and the Bucktails, a faction that was associated with the Tammany Democrats in New York City.
The Bucktails were led by Martin Van Buren of Kinderhook and William H. Marcy of Troy.
Their name came from the insignia of the Tammany Society which displayed a buck’s tail in its ceremonial hat.
Under Van Buren, the Bucktails would become the dominant faction of the Democratic Party known the Albany Regency.
The new Constitution, adopted by the voters by a near 2-1 margin, dramatically changed the face of New York democracy.
The existing Council of Revision, comprising the Governor, the Chancellor and the Chief Judge of the Supreme Court, could veto bills.
It was abolished.
Also abolished was the Council of Appointment, made up of the Governor and one Senator from each of the four districts.
The Council of Appointment appointed virtually every civil, judicial and military officer in the state.
The new Constitution placed the appointment power for important positions with the Governor and most other high government offices became elected positions.
Property requirements for white male suffrage were eliminated and free Black males could vote (but with a property requirement).
Elections were moved from April to November with terms running with the calendar year.
TO BE CONTINUED ...