When the Capital of New York Came to Poughkeepsie — 1778

WHEN THE CAPITAL OF NEW YORK CAME TO POUGHKEEPSIE - 1778 By William P. Mc Dermott

As the year opened, many of the eighty-eight newly elected lawmakers were preparing to travel the wintery roads to begin an indefinite stay in the "Little Town"1 of Poughkeepsie. On December 15, 1777, Governor George Clinton had issued a Proclamation2 directing the legislators to convene in Poughkeepsie on January 5, 1778. Their arrival, together with assistants and family, would suddenly swell Poughkeepsie's population by nearly 10%. Dutchess County and Poughkeepsie already were feeling the pressure of population change. The threat of war had frightened many into moving north before the British attacked New York. And the attack when it came left many New York City and Long Island citizens homeless. These refugees travelled by foot or horse up river to Dutchess. Where to put all these people caused considerable concern. But where to put the newly elected lawmakers, caretakers of a new state at war, presented an even more serious problem. Where would they sleep? Where would they do their legislative homework? Reasonable accommodations were needed while the lawmakers toiled over state, local and even national problems. Poughkeepsie residents must have felt under seige when the lawmakers came in 1778. And the "Indifferent Accommodations"3 would barely be vacated in mid-November when 200 weary troops from Fishkill would take their place. Who were these men, where did they come from? They were men of varied social and economic backgrounds from fourteen counties in the state. Farmers, mill owners, lawyers, merchants, tavernkeepers and men of wealth represented the people who had elected them for their first terms just a few months earlier. In accordance with the New York State Constitution, each county was represented by from two to ten assemblymen.4 The contingent of seven from Dutchess was the third largest in the state. Senatorial seats were filled on a district basis much as is the case at present. Six senators represented the Middle District comprised of Dutchess, Ulster and Orange counties. Many of the senators would become acquainted with Poughkeepsie as they returned each year during their four year term. A number of assemblymen would not see Dutchess again after their one year terms expired in 1778. Most of the legislators would stay only as long as the legislature was in session. Three meetings were held in 1778 from January 5 to April 4, June 9 to June 30 and October 13 to November 6. While it is true that the first laws of the newly independent state of New York were passed during these meetings, the legislature had already been in session in the fall of 1777. Let's look back for a moment to review the events of the previous year. On March 12, 1777, after almost eight months, a committee of thirteen men appointed by the Convention of the Representatives of the State of New York presented their first draft of the new Constitution.5 This draft of New York's first Constitution was reviewed and revised by the Convention as a whole during the next five weeks.

The final revised copy was approved on April 20, 1777, by every member of the Convention except Colonel Peter R. Livingston.6 Thus, New York had become an independent state with a Constitution to guide its lawmakers. General George Clinton was elected the first governor of New York State on July 9, 1777, after the Council of Safety approved the election returns. This was exactly one year after New York had ratified the Declaration of Independence.7 Although the legislature was to meet on July 1, 1777, late election returns postponed its convening until August 1, 1777. This initial delay was a harbinger of things to come. The legislature was to perform few functions that year. Two further delays initiated by the new governor because of public emergencies prevented the legislature from convening on August 1 and 20.8 Finally on September 1, 1777, some of the legislators met at Kingston. Ten more days elapsed before enough members were present to conduct business. Finally, on September 10, 1777, the legislature assembled in the courthouse at Kingston to hear Governor Clinton's first address.9 In it he described the military condition of the state in reassuring terms, pointing particularly to the military success at Bennington. As a result, he could stress the civil needs of the state. The state's financial condition required immediate attention. An improved election law and a revision of the militia law was recommended. But, contrary to expectations, military affairs were to delay that business. The first battle of Saratoga took place on September 19, 1777, and three weeks later, on October 7, 1777, the British were defeated.10 But another week had hardly passed when, on October 16, 1777, the British burned Kingston and its courthouse.11 Many of the legislators left Kingston. As a result, no laws were passed and little other legislative business was conducted. Instead, a Council of Safety, formed by the remaining legislators, guided the government until the legislature could convene again. The Governor apparently considered calling the legislature into special session, probably at Hurley in December, 1777, but John Morin Scott recommended against it.12 Finally, in consultation with the Council of Safety, Governor Clinton issued a proclamation directing the legislature to convene at Poughkeepsie on January 5, 1778.13 As had happened in the previous fall, the legislature was not able to conduct business because of poor attendance and, therefore, adjourned every day until January 15, 1778.14 It was to become a pattern in the early years for the legislature to begin late. The delay in beginning is surprising in view of the tremendous task which lay ahead and the fact that little work had been undertaken in the previous fall. The legislators finally assembled to begin their work. On January 16, 1778, Governor Clinton made his second legislative address.15 In it he stressed the importance of accepting the "Articles of Confederation and perpetual Union of the United States of America." He referred to General George Washington's request that the two New York regiments receive adequate supplies. He also submitted important Resolutions which Congress had directed him to place before the New York Legislature. Turning from national matters to state affairs, he presented the legislature with copies of resolutions he had received from the State of MassachusettsBay. He pointed to the "laudable Measures they are pursuing

for sinking their public Debts, raising their Credit, and supporting the War in future."16 In his closing remarks in his five minute address, he was always brief, he referred to local military matters. Not only had Kingston been burned, but three principle defense forts, Clinton, Montgomery and Constitution near West Point, had been destroyed in that British attack on the Hudson. Those fortifications needed to be rebuilt or replaced. On the other hand, General Burgoyne's "total Defeat and Expulsion" at Saratoga had left the northern part of the state safe.17 After Clinton's address, the legislators met continuously through the first week in April. A great flurry of activity which began in late February resulted in the enactment of two thirds of all the laws passed in 1778 before the legislature left Poughkeepsie in April. Meetings were held again in June. After a summer recess, the Governor directed the legislature to convene for its Second Session at Poughkeepsie on October 1, 1778. And again, as if to duplicate their past performances, an insufficient number of legislators attended. As a result, meetings were adjourned daily until October 13, 1778, at which time sufficient numbers finally arrived to permit the session to begin. A joint meeting was held in the Senate Chamber to hear Governor Clinton's third address to the legislature.18 The legislators met from then until November 6, 1778. Before the year closed, 54 laws were enacted. These laws reflected the frightening reality of the continuing military activity with the British scarcely 50 miles away. Also, laws were urgently needed to clarify, administer and implement various aspects of the new Constitution. In the military sphere, strengthening the militia and the Continental army was necessary through increasing supplies and manpower. Legislation was also needed in the following spheres of government responsibility; taxation and finance, the welfare of the people, the question of spying and traitors, etc. As the year progressed, the attention of the governor and the legislature seesawed between military and civil demands. The legislators turned their attention immediately to the business of joining the United States. Although New York had ratified the Declaration of Independence on July 9, 1776, action on the acceptance of the Articles of Confederation was slow. Therefore, the first law enacted by the legislature was to authorize any two of its delegates to Philadelphia to ratify the Articles of Confederation.19 One might think this to be little productivity after three weeks in active session. In fact, the legislators worked on many issues simultaneously. Also, passage of any law required agreement by both the senate and the assembly. Even in those instances where minor differences existed, there were time delays while agreements were reached on the precise language of the law. Nevertheless, one month later, Governor Clinton expressed dissatisfaction with the lawmakers believing their productivity to be small for the period of time they had met. In fact, he expressed concern they might adjourn before the laws "necessary for the Peace and safety of the state were passed."20 Interestingly enough, an example of the delays referred to is apparent in the interaction between Governor Clinton and the legislature. A bill he received from the

legislature was returned to them with a few revisions he recommended. The legislature finally passed the bill one month later 4 a period of time the Governor would have thought excessive.21 Let's review the laws passed immediately following the acceptance of the Article of Confederation. The laws listed below are numbered in the order in which they were passed.

2) Governor Clinton was permitted to issue stores, clothing and necessaries to the militia and the five

New York regiments of Continental Troops.22 3) Commissioners were appointed for the purpose of "detecting and defeating conspiracies." Although this committee had been appointed by the Provincial

Congress on September 21, 1776, the purpose of this law was to define its powers more clearly and describe custody procedures in the cases of those deemed dangerous to the state. Rewards leading to apprehension of individuals thought to be involved in conspiratorial activities were also defined. One note of special interest was the fact that individuals confined by order of these Commissioners were not permitted bail and judges were forbidden to offer bail.23 4) The charter of the City of Albany was recognized and confirmed. Because this charter was in effect before New York became an independent state the legislature acted to clarify its status. Essentially this was to clarify that the New York Constitution did not void any charters simply because they were not being implemented due to the "calamities of the war and general confusion. '24 5) Governor Clinton was allocated 10,000 pounds to pay expenses of the militia when they were called to duty.25 6) This law permitted "the distribution of sundry charitable donations to certain distressed inhabitants on the frontiers of this state," who were affected adversely by the "late campaign." This was the northern campaign which resulted in the defeat of the British under General Burgoyne. The campaign left homes and farms destroyed in its wake. Therefore, men were appointed in each of the northern counties of Albany, Charlotte, Saratoga and Tryon to distribute relief to the citizens who suffered losses 26 7) Individuals elected or appointed to public office at the state or local level were required by the enactment of this law to take an oath of allegiance recognizing New York's status as a state. Each individual was also required to promise to serve in his respective position to the best of his ability.27 8) All appointed assessors were discharged. On April 1, 1778, each precinct, town, etc. was required to elect from three to nine assessors. Powers and duties were described. Raising taxes to support the state and the war was essential. Perhaps it was thought that an elected assessor would be more acceptable to the people.28

9) The United States Congress issued a directive detailing how prisoners of the war were to be confined, fed and clothed, etc. The Governor was enabled by this law to carry out this responsibility.29 10) The embargo on the exportation of flour, in effect since November 11, 1777, as directed by the Council of Safety, was extended. Flour was an essential commodity to citizen and soldier. Concern about profiteering through exportation continued during this period. Therefore, the legislators acted.

Those who wished to export flour were required to obtain a special license issued only by the Governor and any two legislators.30 In fact, Clinton believed that the exported flour was reaching the

British on Long Island.31

The review of the first ten laws reflects the work which needed immediate attention. It is also a good summation of some of the matters which affected the daily lives of people at that time. Was the defense system strong enough to protect the Hudson? Were neighbors who continued to be friendly to the British likely to be apprehended for questioning or even confinement? How high were taxes going to rise to support the war? Was the soldier's need for food going to affect the supply available to the citizen? Undoubtedly these and many more related questions were in the minds of Dutchess County inhabitants during this period of stress. The relevance of these questions increased as the year progressed, as is reflected in the laws enacted following these first ten. Before the legislators closed for the year, laws were passed which included mandatory quota systems for the supply of shoes and stockings to soldiers.32 Also, the legislators guaranteed supplies such as forage, teams, horses, carriages, etc. for troops by authorizing certain appointed members in each town to take from inhabitants the quantity of these items needed.33 The welfare of the people also required attention. The legislators reacted to the spread of smallpox by forbidding innoculation in favor of quarantine. Innoculation was thought to be worse than the disease.34 An attempt at controlling prices was made through fixing wages of mechanics and prices of goods and commodities.35 However, the repeal of this law six months later was evidence of its failure.36 On the other hand, the families of soldiers serving three or more years were guaranteed "the necessaries of life at moderate prices."37 Funds to support the poor from New York City were allocated. Dirck Brinckerhoff of Rombout was appointed Commissioner.38 The safety of the state, especially with British sympathizers everywhere, was an important concern. Punishment for treason, often death under British law, was thought to be unreasonably harsh. The legislators modified the conditions for which such punishment should apply, but retained the principle of the law.39 Also, persons whose allegiance to New York State was uncertain and who lived near army posts such as Fishkill, were removed from their homes and transported to less strategic areas.4° Taxes were raised to pay night watchmen to guard Dutchess and other counties from surprise attacks. 41

It goes without saying that the need for troops was ever present. The draft law defined draft eligibility as any man between the ages of 16 and 50. Included in this law was the privilege of paying a substitute to serve one's draft obligation.4' Men were raised for the defense of the Hudson43 and to fill the ranks of the five New York State Continental Battalions.44 And, of course, the ever present concern about money was very much in evidence in the laws passed in 1778. Taxes were imposed on all lands, the improvements thereon and also personal estates.45 Other fund raising laws permitted the inhabitants of Ulster County to raise money by lottery for the purpose of rebuilding the courthouse destroyed when the British raided Kingston on October 16, 1778.46 Also, individuals were permitted to lend money to the state to be repaid with interest at a later date. Commissioners to receive money were named in each precinct. The Commissioners in Dutchess were: Paul Schenck - Poughkeepsie; Roeloff Schenck - Beekman and Rumbout; Matthias B. Miller - Charlotte; Everardus Bogardus - Rynbeck; Rufus Herrick - Amenia; Isaac I. Talman - Pawling and Southeast; Lewis Graham - Northeast.47 New York State was required to pay $200,000 to the United States Treasury as its share of five million dollars the states were directed to pay to comply with a resolution passed in the Congress of the United States in the previous year.48 Apparently collecting money owed to the state was a serious problem because it required a law which allowed a strong penalty, 15% interest, per year to be levied against delinquent accounts.49 A number of administrative matters were settled; for example, election procedures. The New York State Constitution defined the right to vote as that right of any male who owned property valued at 20 pounds or whose annual rent as a tenant equalled 40 shillings. However, a further distinction was made. Those who owned property valued at 100 pounds or more were permitted to vote for the governor, lieutenant governor, senators and all other state and local officials. Those whose property was valued at less than 100 pounds were permitted to vote for all state and local of except governor, lieutenant governor and senators.5° Although it. is not clearly stated, owning property may not have been required in order to vote for local officials. "Inhabitants" without mention of property ownership were permitted to vote for assessors.51 Local town records specifically mention "inhabitants" as voting for assessor.52 A new law detailed such items as dates of elections, the procedures of inspectors and poll clerks, election procedures, oaths administered, rights of refugees from New York City and Long Island, method for filing and recording, etc. The distinction between voting viva voce for senators and assemblymen and the secret ballot required when voting for governor and lieutenant governor was described in more detail than had appeared in the Constitution.53 When the senate and the assembly agreed on a bill it was sent to the Council of Revision for its approval. This body could veto any bill presented to it. However, when a vetoed bill was returned to the legislature a two-thirds vote in each house could overturn the veto, after which the

bill became law. The Council of Revision was incorporated into the Constitution to protect the people from the enactment of laws inconsistent with the public good.54 The members of this council were the Governor, Chancellor and the judges of the Supreme Court. In 1778, Governor George Clinton presided with Chancellor Robert R. Livingston, Chief Justice John Jay and Judges Robert Yates and John Sloss Hobart. There were several vetoes in 1778. Some bills were vetoed because language changes, procedural revisions or other administrative factors were needed. Four issues received more substantive attention; a) oaths of allegiance, b) exportation of flour, c) election law, and d) extraordinary tax on wealth. 55 Let's look in on the legislature to appreciate more fully their manner of proceeding. Simply gathering together to begin business sometimes became a major hurdle. Adjournments to await the appearance of enough members to form a quorum occurred each time the lawmakers convened. Also, absences on Mondays often postponed meetings.56 Let's look at the assembly first. Thirty three members constituted a quorum. A detailed examination of the meetings during the period January 5 to April 4, 1778, reveals many absent assemblymen. The seat of one of the absentees, Abraham Jones from Richmond County (Staten Island), was finally vacated on June 8, 1778, because Jones had been "with the enemy".57 Although the Journals of the Assembly do not record attendance, votes by name were taken on 21 of the fifty six days the assembly met. Multiple votes occurred on some days so that, in all, votes were recorded 35 times during this period. It is possible that those whose names do not appear were silent during voting, however, this is too unlikely to be plausible. Let's look at the issue of attendance more closely. On only two occasions did the number of voters reach forty (40 & 41 to be precise). Typically, the total number of votes ranged between 35 & 37. The average attendance was thirty six, a number which barely exceeds the minimum for a quorum. About twenty eight men appeared regularly. The remaining twenty five who came from time to time supplied the other eight members to reach the average attendance of thirty six. The result was that 75% of the time the quorum was exceeded by a slim three votes or fewer. Of the assemblymen from Dutchess, Egbert Benson, Dirck Brinckerhoff, Anthony Hoffman, Jacobus Swartwout and probably Gilbert Livingston were among the regulars. Andrew Morehouse was quite irregular in his attendance and John Schenk did not attend sessions in 1778. His presence at two meetings in 1777, September 30 and October 2, was near the time of his father's death in New Jersey. Perhaps he returned at that time to attend to his father's business. He is found in New Jersey in governmental service by 1780.58 Much of what has been said about the assembly applies to the senate. In the Votes and Proceedings of the Senate, there is a record of attendance for each meeting.59 Of the twenty four senators elected, there were never more than fifteen in attendance. Many of the meetings convened with the minimum number (12) required for a quorum. What a dilemna would have been created had the senate decided to expel Colonel John Williams from Washington County earlier.60 His presence completed the quorum on several occasions. Of the twenty two senators who appeared, eight attended regularly. 128

The remaining fourteen members supplied the four to six members who filled the typical attendance of twelve to fourteen. Zephaniah Platt, one of the two Middle District senators who came from Dutchess, attended regularly. On the other hand, Jonathon Landon from Dutchess attended fewer than half of the meetings during this period. Why all this attention to the number of lawmakers in attendance and why all this concern about a quorum? New York was generally believed to be critical to the success of the Revolution. The Hudson was a key waterway. One would have thought fear of another British attack would have hastened the lawmakers to pass laws which would have rebuilt defenses, supplied troops, and protected the other unoccupied areas of New York. Hardly three months had passed since Kingston was burned and the Hudson fortifications destroyed. Also, this was the first session of a now free and independent New York. Where were those lawmakers who were anxious to make the dream of independence a reality? One would have expected these men to reach for the chance to create history through constructing the economic, social and administrative future of the new state. One possibility which shouldn't be overlooked is that other duties such as military duties took priority. That explanation certainly may have been true in some instances, but probably accounted for the absence of only a few. Searching for evidence to explain other absences seems too elusive and laborious at this moment, but might be a worthy task at some future time if one were to attempt to understand these puzzling absences. When in session it appears that meetings went relatively smoothly. Many of the votes taken in these two legislative houses reflect only that a resolution or bill had passed after a period of discussion.61 In most instances when the bill had reached this stage of development a consensus had already been reached. Therefore, in most instances the ayes and nays were not recorded. The votes which are recorded by name reflect voting on specific aspects or clauses of a bill. It may be possible to glean from these votes some hint of each lawmaker's political philosophy. The following is a brief note about procedure which shows how consensus may have been accomplished. At the first stage, a matter which was brought before the legislators in either house was assigned to a committee appointed by the President of the senate or the Speaker in the assembly. This committee brought back its report in the form of a resolution, when possible, for an initial reading. After a period of discussion the matter was returned to committee. After some revisions were made a second reading took place. Finally after a third reading the bill was assigned a time when a formal vote was taken. It is these final votes which were not recorded, suggesting that the bill was generally acceptable when it reached that stage in its development. Although the legislators' year ended much as it had begun, an air of optimism replaced the tension which had opened the year. Certainly, many legislators were absent during the final meeting period, October 13 - November 6, and, as the year ended, similar laws to supply the army, care for the poor, permit a night watch, etc. were enacted. But something had changed. Hopefulness must have been in the minds of many. France had formed an alliance with the Americans in 1778 and

her help in the war would prove to be invaluable. The note of optimism was expressed most clearly by George Clinton when he was informed in mid 1778 that Britain's Lord North had sent peace commissioners to offer the Americans everything they had asked for since 1765. He declared, "Lord North is two years late with his political manoeuvre."62

Notes and Bibliography

1. Clinton, George, Public Papers of George Clinton, First Governor of New York, 1777-1795, 1801-1804. Edited by Hugh Hastings and J.A. Holden. 10 vols. New York and Albany: State of New York, 1899-1914, vol. IV, pg. 382. Hereafter cited as G.C. 2. Ibid., II, 578. 3. Ibid., IV, 382. 4. New York State Constitution 1777, article IV. 5. Flick, Alexander C., The American Revolution in New York. Albany: The University of the State of New York, 1926, pg. 83-85. Hereafter cited as Flick. 6. Ibid., 85. 7. Ibid., 81. 8. Ibid., 94. 9. Votes and Proceedings of the Senate of the State of New York at their first Session, 1777-1778. Fishkill: Samuel Louden, September 10, 1777, pg. 4. Hereafter cited as Votes of Sen. 10. Flick, 165. 11. G.C. II, 457. 12. Ibid., 532. 13. Ibid., 578. 14. Votes and Proceedings of the Assembly of the State of New York. Poughkeepsie: John Holt, January 15, 1778. Hereafter cited as Votes of Assembly. Also Votes of Sen. January 15, 1778. 15. Votes of Sen. January 16, 1778. 16. G.C. II, 677. 17. Ibid., 677. 18. Votes of Sen. October 13, 1778. 19. New York Laws of the State of New York 1777-1800. Albany: Weed, Parsons & Co., 1886-87, 1st session, chap. 1. Hereafter cited as Laws. 20. G.C. II, 836. 21. Lincoln, Charles Z., Messages from the Governors. Vol. II, 1777-1822. Albany: J.B. Lyon Co., State Printers, 1909, pg. 21. 22. Laws, 1st sess., chap. 2. 23. Ibid., chap. 3. 24. Ibid., chap. 4. 25. Ibid., chap. 5. 26. Ibid., chap. 6. 27. Ibid., chap. 7. 28. Ibid., chap. 8. 29. Ibid., chap. 9. 30. Ibid., chap. 10. 31. G.C. II, 836 & 841. 32. Laws, 1st sess., chap. 13. 33. Ibid., chap. 29. 34. Ibid., chap. 36. 35. Ibid., chap. 34.

36. Ibid., 2nd sess., chap. 2. 37. Ibid., 1st sess., chap. 45. 38. Ibid., chap. 38. 39. Ibid., chap. 19. 40. Ibid., chap. 27. 41. Ibid., 2nd sess., chap. 1 & 6. 42. Ibid., 1st sess., chap. 15. 43. Ibid., chap. 22. 44. Ibid., chap. 28. 45. Ibid., chap. 17. 46. Ibid., chap. 32. 47. Ibid., chap. 18. 48. Ibid., chap. 23. 49. Ibid., chap. 40. 50. New York State Constitution 1777, article VII. 51. Laws, 1st sess., chap. 8. 52. Records of Crum Elbow Precinct. Edited by Franklin D. Roosevelt. Collections of Dutchess County Historical Society, 1940, vol. VII, pg. 94. 53. Laws, 1st sess., chap. 16. 54. New York State Constitution 1777, article III. 55. Lincoln, op. cit., pg. 21, 26, 34 & 39. 56. Votes of Sen., & Votes of A. - various dates from January 5 to April 4, 1778. 57. Hutchins, S.C., Civil List and forms of Government of the Colony and State of New York. Albany: Weed, Parsons & Co., 1867, pg. 130. 58. Personal communication from Melodye Andros. 59. Votes of Sen. - various dates from January 5 to April 4, 1778. 60. Hutchins, op. cit., pg. 108. 61. Votes of A. & Votes of Sen. - various dates from January 5 to April 4, 1778. 62. Spaulding, E. Wilder, His Excellency George Clinton. New York: The Macmillan Co., 1938, pg. 130.