Part 5

“Whereas you are chosen and appointed an Overseer for the Towne of Breucklen you doe sweare by the Ever-living God, that you will faithfully and diligently discharge the trust reposed in you, in relation to the publique and towne affaires, according to the present lawes established, without favour, affection or partiality to any person or cause which shall fall under your cognizance; and at time when you shall bee required by your superiors to attend the private differences of neighbours, you will endeavour to reconcile them: and in all causes conscientiously and according to the best of your judgment deliver your voyce in the towne meetings of Constable and Overseers. So helpe you God.” These officers were commonly sworn by the Court of Sessions; but in the year 1671, the Constable of Newtown objected to the Court’s swearing the overseers of that town, “alledginge that accordinge to the amendments of the law iff special occation required, itt is in the power of the Constable to sweare them, otherwise not, which is left to his Honor the Governor to decide.” The inhabitants of the town for which the overseers were elected were authorised to determine by a major vote whether the said overseers should, on admission to office, take the oath prescribed as above; and in case the said overseers were not sworn, it was a legal objection against their proceedings on the part of any person prosecuted in their court, unless the overseers immediately on objection being made, took the oath, which the Constable was permitted to administer.

It was the duty of the overseers, together with the Constable, to hold Town Courts, for the trial of causes under £5. Their other duties are contained in the following summary. On the death of any person, they were to repair with the Constable, to the house of the deceased, and inquire after the manner of his death, and of his will and testament; and if no will was found, the Constable in the presence of the Overseers was, within 48 hours, to search after the estate of the deceased, and to deliver an account of the same in writing, under oath, to the next Justice of the Peace. They, together with the Constable made all assessments. If any Overseer died during his term, the rest of the Overseers by a major vote, made choice of another in his place; and if the person so chosen refused to serve, he forfeited the sum of £10, towards defraying the town charges. They were to settle the bounds of the town, within twelve months after the bounds were granted. They had the power of regulating fences. They were authorised together with the Constable to make choice of two out of the eight overseers of Church affairs.

They and the Constable, were frequently to admonish the inhabitants “to instruct their children and servants in matters of religion, and the lawes of the country.” They, with the Constable, appointed an officer “to record every man’s particular marke, and see each man’s horse and colt branded.” The Constable and two of the Overseers were to pay the value of an Indian coat for each wolf killed; and they were to cause the wolf’s head to be “nayled over the door of the Constable, their to remaine, as also to cut of both the eares in token that the head is bought and paid for.”

The following is the only list that the Compiler could obtain of the Overseers of this town.

1671. Frederick Lubertse and Peter Perniedeare. 1675. John Peterson Mackhike, and Jerome De Rapostelley. 1676. Tunis Guis Bergen, and Thomas Lambertson. 1679. John Harrill, and Martyn Reyandsen. 1680. Symon Aeresen, and Michael Harsen. 1683. John Aeresen, and Daniel Rapellie.

In the year 1683, the “Overseers” were changed to “Commissioners.” The “act for defraying the publique and necessary charge of each respective citty, towne, and county throughout this province; and for maintaining the poore and preventing vagabonds.” Passed by the General Assembly of this colony, November 1st, 1683, provides--“That annually and once in every yeare there shall be elected a certaine number out of each respective citty, towne, and county throughout this province; to be elected and chosen by the major part of all the ffreeholders and ffreemen; which certaine number so duely elected shall have full power and authority to make an assessment or certaine rate within their respective cittys, townes and countys annually, and once in every yeare, which assessment and certain rate so established as aforesaid, shall bee paid into a certaine Treasurer, who shall be chosen by a major part of all the ffreemen of each respective citty, towne, and county; which Treasurer soe duly chosen, shall make such payment for the defraying of all the publique and necessary charges of each respective place above-menconed, as shall bee appointed by the commissioners, or their President, that shall be appointed in each respective citty, towne, and county within this province, for he _supervising the publique affaires and charge_ of each respective citty, towne and county aforesaid.” And the said act proceeds further to say, “And whereas it is the custome and practice of his Majesties realme of England, and all the adjacent colonyes in America, that every respective county, citty, towne, parrish, and precinct, doth take care and provide for the poore who doe inhabit in their respective precincts aforesaid; Therefore it is enacted, &c. That for the time to come the respective commissioners of every county, citty, towne, parish, precinct aforesaid, shall make provision for the maintainance and support of their poore respectively.”[17]

The following is a list of the Commissioners of this town from 1684, to 1690, inclusive.

1684. Thomas Lambertsen, Randolph Emans, and John Aeresen. 1685. Tunis Guis Bergen, and Daniel Rapalie. 1686. Michael Hansen, and Jeromus De Rapalie.

The town made choice of Hansen and De Rapalie; and were ordered by the Court of Sessions to make a new selection by the 12th of April, 1686, and return the same to one of the Justices of the Peace for Kings County.

1687. Adriaen Bennet, Thomas Lambertsen, and Tunis Guysbert.

The Court of Sessions ordered the town to make choice of a new Commissioner in the place of Tunis Guysbert; which they according did, and elected Jan Gerritsen Dorland.

1688. Simon Aertsen, Micheal Hansen, and Claes Barense.

The Court of Sessions refused to swear Michael Hansen.

1690. Joris Hansen, Hendrick Claasen, and Jan Gerbritse.

The office of “Commissioner” continued until 1703, when a “Supervisor” was elected. The Supervisors of Kings County had their first meeting on the first Tuesday of October, 1703; at which meeting Captain Joras Hansen was the Supervisor from Brooklyn. The duty of the Supervisors was, “to compute, ascertaine, examine, oversee and allow the contingent, publick, and necessary charge of each county.” Two assessors were also elected for this town, whose names were, Peter Garrabrantse, and John E. Bennet; and one Collector. This is not the first mention of the assessors and collectors of this town in our County Records. In 1688, Michael Hansen, and Daniel Rapalie were chosen assessors, for the purpose of assessing this town’s proportion of a tax of £308 8s 0d, which was imposed on Kings County. It is the opinion of the Compiler, that these were distinct officers from the Commissioners, whose duty it was to assess the ordinary rates; and that these assessors were but temporary officers, appointed to assess this particular tax. In 1699, Jan Garretse Dorlant is mentioned as Collector of Brooklyn; and in 1701, John Bybout held the same office.

In 1691, a majority of the freeholders of the town were impowered to make orders for the improvement of their public lands; and annually to elect three surveyors of highways. The duties of these svrveyors were to amend and lay out highways and fences. The town meeting at which these orders were made, and officers elected, were held by the direction, and under the superintendance of one or more justices of the peace.

November 8, 1692. The court of sessions for Kings county, ordered that each town within the county, should erect “a good pair of stocks, and a good pound;” and that the clerk of the court should issue a warrant to the constable of every town, requiring them to see this order complied with “at their peril.” The following is a list of the constables of this town, from the new organization of the colony in 1691, to 1711, as far as the compiler has been able to ascertain the same:

1693. Volkert Brier. 1697. Volkert Brier. 1698. Jacob Hansen. [This man was complained of by the last constable for not making his appearance at court; and the sheriff was ordered to summon him to appear at the next court.]

1699. Jacobus Beauvois. 1700. Cornelius Verhoeven. 1701. Jacob Verdon. 1702. Thomas Davies. 1703. Thomas Davies. 1704. William Brower. 1705. Jacob Ffardon.[This constable refused to call a town meeting in 1706, in compliance with the requisitions of a warrant he had received from Justice Ffilkin, for the election of town officers; and the inhabitants complained of him to the court of sessions, who ordered that a town meeting should be held for the election of town officers, and that Ffardon should hold over until a new constable was elected and sworn in his stead.]

1707. Abram Sleghter. 1708. Cornelius Collier. 1709. William Brower. 1711. Thomas Davies.

For some time previous and subsequent to the year 1693, the colony was in a very disordered state, arising probably from its new organization after the revolution in Great Britain.

At the same period, both the civil and military governments in this town and also in the county, were very unpopular. In order to support their authority, the justices of the peace resorted to the exercise of very arbitrary measures: arresting and confining many persons under the pretence of their having uttered scandalous words against them, and the government; by which proceedings they completely alienated the people’s affections, and exasperated them to such a degree that they committed many excesses: all which will appear by the following extracts from the records:

“October 11, 1693, at a meeting of the justices of Kings county, at the county hall. Present, Roeleff Martinse, Nicholas Stillwell, Joseph Hegeman, and Henry Ffilkin, esqrs. justices. John Bibout, of Broockland, in the county aforesaid, we aver being committed by the said justices to the common jail of Kings county, for divers scandalous and abusive words spoken by the said John against their majesties justices of the peace for the county aforesaid, to the contempt of their majesties authority and breach of the peace; the said John having now humbly submitted himself, and craves pardon and mercy of the said justices for his misdemeanour, is discharged, paying the officer’s fees, and being on his good behaviour till next court of sessions, in November next ensuing the date hereof.”

In another instance, during the same year, in the month of October, in the town of Bushwyck, a man named Urian Hagell, was imprisoned for having said, on a training day, speaking jestingly of the soldiers, “Let us knock them down, we are three to their one.” The justices called these “mutinous, factious, and seditious words;” which, with the like, appear to have been favourite terms with them. Again, in the same month and year, Hendrick Claes Vechte, of the town of Brooklyn, was imprisoned by the justices, on a charge of “raising of dissension, strife, and mutiny, among their majesties subjects.” And May 8, 1694, two women of Bushwick were indicted at the sessions, for having beat and pulled the hair of Captain Peter Praa, whilst at the head of his company of soldiers on parade. One of them was fined £3, and the cost, £1 19_s._ 9_d._; and the other 40_s._ and the cost, £1 19_s._ 9_d._ In the last mentioned year, (1694) Volkert Brier, constable of Brooklyn, was fined £5, and the costs of court amounting to £1, by the sessions, “for tearing and burning an execution directed to him as constable.”[18] Brier afterwards petitioned the governor to have the fine remitted; a copy of which petition is in the appendix, marked C.

This town with respect to legal matters was under the jurisdiction of the court of sessions held at Gravesend, for the West Riding of Yorkshire, upon Long-Island,[19] until the year 1683; when an act was passed by the first legislative assembly of this colony, dividing the province into counties, by which the ridings were abolished. The court however continued to be held at Gravesend until 1686, when it was removed to Flatbush, in conformity to an act of the colonial assembly, passed in the year 1685. This town continued under the jurisdiction of that court, and the court of common pleas, which was afterwards established, until the close of the revolutionary war. At the close of the war the courts were re-organized, and this town still continues under their jurisdiction.

PRESENT GOVERNMENT.

In 1816 the village of Brooklyn was erected out of the town, and constituted a distinct government; thereby forming an _imperium in imperio_.

The present government both of the town and village, approach as near a pure democracy as that of any other place in this state. No business of importance is undertaken without first having the sanction of a public meeting. Here these sterling principles, that all power emanates from the people, and that public officers are but public servants, are fully recognized, and acted upon.

This head the compiler will divide into two divisions, in order to avoid confusion: First, the Town Government, and second, the Village Government.

_First--the Town Government._

The government of the town is administered by

A _Supervisor_, elected by the people, at the annual town-meeting, on the first Tuesday of April. The duties of this officer are principally confined to the apportionment of taxes, presiding at elections, &c. He is also ex officio a commissioner of excise for granting tavern licenses in the town, and the general guardian of the town rights. There is no salary attached to this office: the supervisor receives a compensation of two dollars per day, for attending the general meeting of the supervisors of the different towns in the county, and a trifling amount for granting licenses. The present supervisor is William Furman, esq.

A _Town Clerk_, also elected by the people. The duties of this officer are to call special town meetings on the request of twelve freeholders, record the proceedings of town meetings, and preserve the records of the town. In 1698, Jacob Vandewater, town clerk of this town, received the sum of £6 5_s._ for two years and six months salary.[20] In 1822, in order to make the town clerk’s salary in some degree proportionate to the increase of business, the town voted him a salary of $50. In 1824, the town clerk’s salary was increased to $75. The office is at present held by John Doughty, esq. who has been successively elected since the year 1796.

Five _Assessors_, also elected by the people--whose duties are to assess all real and personal estate liable to taxation within the town, and to forward such assessment to the supervisors, that they may apportion the amount of tax on the same. The present assessors are Messrs. John S. Bergen, Richard Stanton, John Spader, Joseph Moser, and Andrew Demarest. Their compensation is one dollar and twenty-five cents per day during the time they are employed in making and completing the assessment.

There are also elected two _overseers of the poor_, Messrs. William Cornwell, and Isaac Moser; one _constable and collector_, Mr. John M’Kenney; two _constables_, Messrs. John Lawrence, and Samuel Doxsey; and several other officers, whose names and duties will be set forth in the subsequent parts of this work.

The judicial business of this town is at present transacted by three _justices of the peace_, viz. John Garrison, John G. Murphy, and Samuel Smith, esqrs. These magistrates are appointed by the judges of the common pleas, and the supervisors of the county.

_Second--the Village Government._

April 12, 1816, the village of Brooklyn was incorporated by an act of the legislature of this state. By this act the freeholders and inhabitants are authorized annually to elect, on the first Monday of May, “Five discreet freeholders, resident within the said village, Trustees thereof;” and these trustees are authorized to appoint a president and clerk. The first trustees, Messrs. Andrew Mercein, John Garrison, John Doughty, John Seaman, and John Dean, were appointed by the legislature, and continued in office until the first Monday of May, 1817; when the first election was made by the people, and they made choice of Messrs. William Furman, Henry Stanton, William Henry, Tunis Joralemon, and Noah Waterbury. The present trustees are Messrs. Joshua Sands, John Doughty, Joseph Moser, John Moon, and Samuel James. Joshua Sands, esq. president, and John Dikeman, esq. clerk of the board. The president previous to 1824 received no salary; at present his salary is $300. The clerk formerly received a salary of $100, which in consequence of the great increase of business is now raised to $200. The powers of the trustees are principally “to make, ordain, constitute, and publish, such prudential by-laws, rules and regulations, as they from time to time shall deem meet and proper; and such in particular as relate to the public markets, streets, alleys, and highways of the said village; to draining, filling up, levelling, paving, improving, and keeping in order the same; relative to slaughter-houses, houses of ill fame, and nuisances generally; relative to a village watch, and lighting the streets of said village; relative to restraining geese, swine, or cattle of any kind; relative to the better improvement of their common lands; relative to the inspection of weights and measures, and the assize of bread; relative to erecting and regulating hay-scales; relative to the licensing of public porters, cartmen, hackney coachmen, gaugers, weigh-masters measurers, inspectors of beef and pork, of wood, of staves and heading, and of lumber; relative to public wells, pumps, and reservoirs or cisterns of water to be kept filled for the extinguishment of fires; relative to the number of taverns or inns to licensed in said village; and relative to any thing whatsoever that may concern the public and good government of the said village; but no such by-laws shall extend to the regulating or fixing the prices of any commodities or articles of provision, except the article of bread, that may be offered for sale.” The powers of the trustees, in opening, regulating, and widening streets, are enlarged and defined by an act passed by the legislature of this state, April 9, 1824.

The board of trustees have the appointment of several officers. The following is a list of the names of the officers at present holding under them.

John Lawrence, Collector. Samuel Watts, } John Titus, } Weighers Andrew Tombs, } Robert W. Doughty, } Burdet Striker, Measurer. William A. Sale, Measurer of Lime.

Three village Assessors are also elected by the people, for the purpose of making an assessment on which to apportion the village tax. The present assessors are Losee Van Nostrand, Gamaliel King, and John D. Conklin.

The Trustees, by an act passed April 9th, 1824, are constituted a Board of Health. The President and Clerk of the Trustees are ex-officio President and Clerk of the Board of Health. The salary of the President of this Board is $150.

A Health Physician is appointed by the Board of Health; which office is at present held by Dr. J. G. T. Hunt, with a salary of $200.

The duties of the Board relate to the general conservation of the Health of the village.

As early as 1809, during the prevalence of the yellow fever in this town, the inhabitants met together in consequence of repeated solicitations from the Common Council of New-York, and after stating in their proceedings, that “reports prevailed, that disease exists to an alarming extent in the town of Brooklyn,” they appointed the following gentlemen a committee “for the purpose of inquiring into the state of the health of the inhabitants of said town, and to act as the case in their opinion may require,” viz. William Furman, John Garrison, Burdet Stryker, Henry Stanton, and Andrew Mercein. A sum of money was raised by subscription to meet the expenses of this Committee.

In the year 1819, the Trustees, although not strictly invested with power, yet feeling the necessity of acting with some degree of energy, in order to quiet the fears of the inhabitants, arising from reports of the existence of a pestilential disease in New-York, published an address; in which they state, “that during this season of alarm, they have not been unmindful of that part of their duty incumbent on them as a _Board of Health_ for the village,” and that “measures have been taken to obtain from time to time, a report of the state of health throughout the village, that the inhabitants may be early apprised of any change affecting their welfare.”

PUBLIC BUILDINGS AND INSTITUTIONS.

This head will be divided into three divisions--first, Churches; second, Markets; and third Public Institutions.

_First, Churches._

The first Church established in Kings County was, October 13, 1654, when the Rev. Joannes Theodorus Polhemus, a minister of the Dutch Reformed Church, was _permitted_ by Governor Stuyvesant, to preach at Midwout, (Flatbush) and Amersfort, (Flatlands).[21] The congregation was gathered at this time; but the order of Governor Stuyvesant for building the Church is dated December 15, 1654. February 9, 1655, the Governor ordered the inhabitants of Brooklyn and Amersfort, which at that period, together with Gravesend, were one congregation, to cut timber for the erection of the Church at Midwout; which building was to be 60 feet in length, 28 feet in breadth, and 14 feet in height below the beams.

In order to accommodate the four towns of Gravesend, Amersfort, Midwout, and Brooklyn, the Governor ordered that Mr. Polhemus should preach every Sunday morning at Midwout, and Sunday afternoons alternately at Amersfort and Brooklyn.

In the year 1659, the inhabitants of this town applied to Governor Stuyvesant for permission to call a minister for their congregation, assigning as a reason for their application, the badness of the road to Flatbush, the difficulty of attending divine service at New-York, and the extreme old age and inability of the Rev. Mr. Polhemus to perform his services at Brooklyn.

The Governor deemed the request reasonable, and sent Nicasius de Sille, Fiscal of New-Netherland, and Martin Kregier, Burgomaster, of New-Amsterdam, to this town, as a committee of inquiry, who reported in favour of the application; whereupon the request of the inhabitants was granted. The inhabitants prepared a call for the Rev. Henry Solinus, alias Henricus Selwyn, from Holland, who was approved of by the classis of Amsterdam, on the 16th of February, 1660, when the classis also gave the Rev. Mr. Solinus a dismission, wishing him a safe and prosperous journey by land and by water to his congregation in the New-Netherland. The time of the arrival of this minister is not known. He was installed in his church on the 3d of September, 1660, in the presence of the Fiscal, and Burgomaster Kregier, by the order of Governor Stuyvesant, who appears to have been at the head of the ecclesiastical, as well as the civil and military government of the colony.