APPENDIX B - Published References
- 1 ~ John Clark - Last Will & Testament
- 5a ~ Elisha Williams and the Naming of the Town of Austerlitz
- 5b ~ Elisha Williams Debates Martin Van Buren at Miller's Tavern
- 5c ~ Elisha Williams Dies
7 ~ 1772 Petition of the Inhabitants of New Canaan New Concord Spencer Town & New Britain Etc
1 ~ John Clark - Last Will & Testament
Signed, Sealed, and Published 11 Feb 1817:
The Last Will and Testament of John Clerk of the Town of Chatham in the County of Columbia deceased.
In the Name of God Amen, I John Clerk of the Town of Chatham County of Columbia and State of New York being well as to bodily health and of sound mind and memory blessed be Almighty God for the Same, [viewing?] the uncertainty of human life the certainty of Death and the uncertainty when - do make and publish this my last Will and Testament in the manner & form following, that is to say, Firstly I give and bequeath my Soul to God that gave it, with hope of a certain resurrection to everlasting life. Also my worldly property I give and bequeath it in the following manner - Firstly I give and bequeath unto my Son William Clerk three dollars - 2ly I give and bequeath unto my son Andrew Clerk three dollars - 3ly I give and bequeath unto my son Henry Clerk three dollars - 4th Whereas I have given & executed a deed of Fifty Acres of land to my Son Peter Clerk which I consider his proportion of my real Estate, or what I think proper that he shall have of my real Estate - 5ly I give and bequeath unto my daughter Hannah D[3-4 letters?]y two dollars - 6ly I give and bequeath unto my grandson Rensselaer Clerk All the land that I own and am possessed of lying on the northerly side of the Turnpike Road and on the Southerly Side of the road or highway leading by Henry Clark's adjoining the land which I gave a deed of to my Son Peter Clerk and to his Heirs. 7th I give & bequeath unto my grandsons Rensselaer Clerk & Major Clerk (The Sons of my Son Peter Clerk) all the residue of real Estate to them their Heirs and assigns for ever in joint partnership. 8th I give and bequeath unto my grand daughter Hansey[?] Jane Clark my looking glass - 9ly I give and bequeath unto my said grand son Rensselaer Clerk all my personal Estate of whatsoever name or nature to him his Heirs and assigns for ever - That I own and am possessed of at the time of my decease Excepting one powder horn and Pistil[sic], which Said powder horn and Pistil[sic] I give and bequeath unto my said grand son Major Clerk
N.B. The words "Son" and "lea[v?]ing" interlined before signed...
turn over
And I do hereby constitute and appoint my son Peter Clerk Executor of my last Will and Testament and to see that the Same is carried into effect as expressed, and it is my Will and pleasure and hereby order That my said sonPeter pay all my just Debts and Legacies herein given and bequeathed and my funeral charges, and to provide that I have decent and Christian burial, and that he my said Executor provide during my natural life Comfortable and decent Support in Sickness and in health during my natural life. In testimony where of I have hereunto Set my hand & seal this Eleventh day of February in the year of our lord one thousand eight hundred and seventeen.
Signed, Sealed, published and declared by the said John Clerk to be his last Will and Testament in Presents of us who have Subscribed out names as witnesses in the Presents of the Testator.
Hosea Birge Mathew Beale Elisha Hollister Gershon Palmer
his John X Clerk {LS} mark
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From: New York, U.S., Wills and Probate Records, 1659-1999 [available at https://www.ancestry.com]
2 ~ William Babcock Jr. - Last Will & Testament
Signed, Sealed, and Published 10 Jul 1812:
Registered the Seventeenth day of September 1812
The last will & Testament of William Babcock of the Town of Chatham in the County of Columbia.
In the name of God Amen, I William Babcock of the town of Chatham in the County of Columbia & State of New York being weak & low in Health & Sensible of the mortality of my body tho sound in mind & memory Blessed be Almighty God for the same. I ordain this my last will & Testament viz First I will that my body have a Decent, Christian burial & that funeral [word word] be paid. Second I will & bequeath unto my beloved & faithful wife Anna one third of [all?] my lands lying in Chatham, County of Columbia & State of New York during her natural life, third I give unto my son Justus Avery all my land lying in the County of Herkimer & State of New York. Fourth I give unto my legitimate children, [Nancy?], Prudence, Almira, Emmeline, Clarinda, Lucretia, Justus Avery, & Ruth the use of all thy remainder of my Real & personal estate to be equally divided among them for the term of Twenty One years. Fifth I give unto my wife Anna all my household furniture. Sixth I give unto my above mentioned children the above mentioned Two thirds of my Real & personal estate lying in the Town of Chatham County of Columbia State of New York to be divided among them at the above mentioned expiration of twenty one years. Seventh I appoint Anna Babcock Executix & Ebenezer Cady & Justus Lovejoy my Executors
Signed Sealed & Published this tenth day of July AD 1812 William Babcock L.S.
Witnesses Present Ruben Moor John Davis Joseph W. [Brewster?]
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From: New York, U.S., Wills and Probate Records, 1659-1999 [available at https://www.ancestry.com]
William died the next day. jhc
3 ~ Capt. William Avery Babcock Profile
Capt. William Avery Babcock, son of Oliver and Anna (Avery) Babcock (James, James, John, James 1st), b. N. Stonington, Conn., Mar. 31, 1747; d. Chatham, N. Y., Sept. 21, 1829. He was buried in the Babcock family burying ground, about a mile from the house of Senator Henry S. Ambler, of Chatham, N. Y., near the road leading to New Concord [See APPENDIX C - Babcock - Allen - Goodrich Burial Ground - jhc]. He m. Lucretia Davis, dau. of Capt. John and Sarah (Beebe) Davis (For military record of Capt. John, see records of Chloe, wife of Gersham Babcock.) Lucretia was b. at Sharon, Conn., Feb. 11, 1757, d. at Chatham Center, N. Y., Nov. 26, 1819.
Deacon Daniel Babcock, grandfather of the writer, referring to his brother Capt. William Avery Babcock, Apr. 5, 1845, said, "William served in the Revolutionary Army, and was engaged in the capture of Burgoyne." Joshua Babcock, a nephew of Capt. William, said that he was Ensign in the Revolutionary War and later a Captain of Militia.
In Apr., 1777, a party of eleven "Householders" apparently from Columbia County, commanded by Capt. Martin Beebe, rode to Albany, "to do all in their power for the defense of America in general and New York State in particular, fearing lest timely assistance for the defense of the city and stores should fail." They arrived on the 17th inst. Their bill, which covered only their expenses, was sent to the committee asking for £6 18s. Among the eleven persons were "Sergt. Wm. Babcock" and his wife's father, "Lieut. John Davis." (NewYork in the Revolution, Supplement, p. 139.)
On p. 203 of the same book is a list of persons who received Land Bounty Rights for services or willingness to serve in defense of the frontiers of the State. The name of William Babcock is found in this list.
Capt. William Avery Babcock was a farmer and owned much land. He was the boss carpenter at the building of the Spencertown Presbyterian Church, which is still standing. New Lebanon, N. Y., records state that he was elected Assessor for the years 1787, '88, '90, '92, and Fence Viewer for the year 1791.
Children :
Anne b. Nov. 5, 1773; d. at Chatham, N. Y. ; m. Ebenezer Cady. Sally, b. June 6, 1776. d. Oct. 29, 1777. William, b. June 6, 1776; d. July 11, 1812, Chatham, N. Y. Sally, b. May 23. 1778; d. Aug. 26, 1861. Cynthia, b. Feb. 20, 1781 ; d. Jan. 10, 1857. Lucinda, b. Apr. 23, 1783; d. 1860. Ruth Gregory, b. Mar. 31, 1785; d. June 13, 1811. John Davis, b. Apr. 30, 1789; m. Jane Moorhouse. Altana, b. Nov. 1, 1795.
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From: page 108, The Babcock Genealogy, 1903 [available at: https://archive.org/details/babcockgenealogy00babc]
4 ~ Capt. Gersham Babcock Profile
Capt. Gersham, son of Oliver and Anna (Avery) Babcock (James, James, John, James 1st). b. N. Stonington, Conn., Nov. 9, 1752; d. Columbia County, N. Y., Feb. 17, 1815. He, his wife, and son Daniel were all buried in the cemetery at New Concord. N. Y., where engraved marble tombstones mark their graves. He m. Chloe Davis. b. 1761, and settled in Austerlitz, N. Y.
From War Department records, Washington, D. C., July 14, 1900: "The records show that one Gersham Babcock, rank not mentioned, served in Capt. Hezekiah Baldwin's Company, 2d New York Regiment, commanded by Col. Goose Van Schaick, Revolutionary War. His name appears on a roll dated at Fort George, Oct. 13, 1775, with remarks. Enlisted July 30-17. On command."
From New York in the Revolution, p. 29, we find that the service of Gersham Babcock above referred to was in the 2d Regiment of the line; that is, the regiment was in the U. S. service under Gen. Washington. From New York in the Revolution, Supplement, p. 237, we find that Gersham Babcock of the Albany Company Militia, 17th Regiment, had land bounty rights. Deacon Daniel Babcock, brother of Gersham, said, Apr. 5. 1845, that Gersham was Sergeant in the Revolutionary Army and was at the taking of Burgoyne. His nephew Joshua, who was about forty years old when Gersham died, said of him that he was Captain of a uniformed company and was celebrated for his military tactics.
Gersham Babcock was a Free Mason, and joined in 1788 at Canaan Corners, N. Y.. Unity Lodge, No. 9, F. & A. M.
Chloe Davis. wife of Capt. Gersham, and dau. of Capt. John and Sarah Beebe Davis, sister of Lucretia, wife of William Babcock, brother of Gersham, was b. in Sharon, Conn., Sept. 9, 1761. d. Columbia County, N. Y., July 13. 1815.
Military record of Capt. John Davis is as follows:
First. His commission from Sir Harry Moore, Bart., Governor of New York, as Second Lieutenant in the British Militia, dated Sept. 25, 1768.
Second. Another commission from Sir William Tryon., Governor of New York, as Second Lieutenant in the British Militia, dated July 18, 1772.
Third. He is commissioned as Captain from the State of New York "by the Grace of God free and independent." dated June 18, 1778, "in the second year of our independence."
The original three commissions of Capt. John Davis, or copies of them, were owned in Nov., 1901, by H. M. Spence, member of the firm of Spence & Smith, office 19-21 Citizens' Bank Building, Parkersburg. W. Va.
Children:
Daniel, b. 1779 (?) ; d. Apr. 12, 1814. leaving no issue. Avery, b. Jan. 18, 1781; m. Lydia Darrow. Lucretia, b. 1785; m. Dea. Edward Palmer. Chloe, b. Apr. 13, 1789; m. Ezekiel Burgess. Sarah, b. Feb. 1, 1792; m. Elisha Briggs. John, b. Dec. 7. 1795; m. Mary B. Burg. Roswell, b. June, 1709: m. Christiana Groat.
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From: Page 109, The Babcock Genealogy, 1903 [available at https://archive.org/details/babcockgenealogy00babc]
5 ~ Elisha Williams Profile
One of the earliest and most eminent members of the bar of this county, whose name has frequently been mentioned in foregoing chapters, was Elisha Williams, whose portrait also appears herein. He was born in Pomfret, Conn., August 29, 1773, and was a son of Col. Ebenezer Williams and grandson of Rev. Ebenezer Williams.
After obtaining a fair English education he studied law in Litchfield, Conn., and was admitted to the bar before he was twenty years old. With almost no resources he started to seek a location for the practice of his profession, and finally settled in Spencertown, Columbia county. Two years later he married Lucia Grosvenor, daughter of his former guardian, Seth Grosvenor, of Pomfret. In 1799 he removed to Hudson and there began a career that was full of honor. He was member of assembly in 1801 and soon became a leader of the Federal party throughout the State. He subsequently steadfastly declined to accept higher office, though he might reasonably have aspired to the highest. Not alone in politics and his profession was he distinguished, but also in business affairs. He was president of the Bank of Columbia a number of years, and through his business transactions he became owner of a large part of the land on which the village of Waterloo, Seneca county, stands, where some of his late years were passed. He died in Hudson, June 29, 1833. He was a man of commanding personality and attained lofty eminence as an advocate. He possessed transcendent mental power and wonderful force of eloquence, to which large assemblies in all parts of the State had opportunity to listen.
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From: page 186, Columbia County at the End of the Century: A Historical Record of Its Formation and Settlement, Its Resources, Its Institutions, Its Industries, and Its People ... [available at https://catalog.hathitrust.org/Record/012239798]
5a ~ Elisha Williams and the Naming of the Town of Austerlitz
The town of Austerlitz as it now exists, was formed from the towns of Hillsdale, Chatham and Canaan, on the 28th of March, 1818. The greater portion of its territory—about five-sixths—was derived from Hillsdale, which portion of the latter town was generally called "Spencer's Town," from the unusual number of families of that name in that locality, and eventually the village alone became known by that appellation. "New Ulm" was suggested as an appropriate name for the new division, but when the bill authorizing the erection was before the Legislature, the present name was adopted under the circumstances which we quote as follows:
"When the bill erecting it passed the Legislature, however, Martin Van Buren, then a State Senator, and who being an ardent admirer of the great Napoleon, was somewhat incensed at one of his political opponents ( Elisha Williams, if we mistake not), who had succeeded in having a town in Seneca county christened 'Waterloo,' leaped to his feet and moved to amend by calling the new town 'Austerlitz.' Having carried his point, he retired to his seat, saying 'There's an Austerlitz for your Waterloo.'"
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Columbia County at the End of the Century: A Historical Record of Its Formation and Settlement, Its Resources, Its Institutions, Its Industries, and Its People ..., page 700 [available at https://www.hathitrust.org]
5b ~ Elisha Williams Debates Martin Van Buren at Miller's Tavern
A few miles north of the village [Kinderhook - jhc] was the noted Quackenboss (originally "bosch") Tavern where for more than two months sat the Commissioners of 1753, making their division of the great Kinderhook Patent of 1686. It is now the dwelling of Theo. Dimspaugh[Dunspaugh?]. A little north of that point began the "Kinderhook Plains" which we note in the schedules of the stagecoaches of the time. Quackenboss's Inn was later known as Deyo's, where Alexander Hamilton was wont occasionally to tarry for a night. Later still it was known as Miller's Tavern, where Van Buren, the young attorney, made one of his first legal arguments in opposition to Elisha Williams. Being short of stature he stood on a table. Very many other inns there were along the Post Road through our Town and Village, which we cannot now locate with precision, but the present Sharp house was one of them.
Especially do we regret our inability to locate the inn of Elijah Hudson, concerning whom we are indebted to the fine discernment of Chaplain R. R. Hoes, U. S. N., for this delightful [morsel?] — that while a Tarrytown innkeeper in 1798, advertised in the Albany Register "lodging and clean sheets 3 shillings, dirty sheets, one shilling," our noble Elijah offered "lodging and clean sheets for one shilling." This was not the "Ebenezer Hudson" of Kinderhook, against whom, as "abusive and extortionate," an irate newspaper correspondent of the time cautioned fellow travelers. Perish the thought!
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From: Page 387, Old Homesteads and Their People, INNS, of A History of Old Kinderhook by Collier. [full text can be found at https://archive.org/details/historyofoldkind01coll]
5c ~ Elisha Williams Dies
Son of Ebenezer Williams and Jerusha Porter. Born Pomfret, CT. Married 1795 Lucia Grosvenor. NY State Assemblyman. Died Hudson, NY. Apoplexy.
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From: Find-a-Grave: https://www.findagrave.com/memorial/66121200/elisha-williams
6 ~ John Griswold Profile
Abner Hawley, another of the Massachusetts colony, built the first grist mill and saw mill in the town [Spencertown - jhc], which were located on Punsit Creek south of the present saw and custom grist mill now owned and operated by F. G. Oles, which were built on the site of a grist mill destroyed by fire.
About 1773, John Griswold, a young woolen manufacturer, came from the East and purchased of Abner Hawley a small piece of land with a water privilege, and established a carding machine and fulling mill and began the manufacture of cloth. He was successful and soon established a reputation for manufacturing fine broadcloths, supplying the surrounding counties. He eventually became wealthy and in 1795 erected a fine mansion, which is still standing and owned by a Mr. Peterson. Lucian Griswold is the only surviving descendant of the pioneer, in a direct line, now living in the town.
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From: Page 699, Columbia County at the End of the Century: A Historical Record of Its Formation and Settlement, Its Resources, Its Institutions, Its Industries, and Its People ... [text available at https://catalog.hathitrust.org/Record/012239798]
7 ~ Petition of the Inhabitants of New Canaan New Concord Spencer Town & New Britain Etc
To the Honorable Cadwallader Esq: Lieutenant Governor of the Province of New York and the Territories depending thereon in America Etc Etc In Council
The humble Petition of the Inhabitants of New Canaan, New Concord, Spencer Town, New Britain etc.
Sheweth,
That they have at sundry Times, presented Petitions to government, explaining their situation from their first Settlement on the Lands; That some of those Settlements have been made upwards of 20 years ago, and all of them under a firm Persuasion that the Land was vacant, in which they were confirmed by the general Sense of the Country, and the opinions of experienced Surveyors, and particularly of John R Bleeker Esq. now a Proprietor in Westenhook; and altho they had no express Licence(sic) yet they conceived, that all his Majesty's Subjects would be considered equally in the Dispensation of the Royal Bounty and that by the Settlement and Cultivation of a Frontier County they could not incur the Displeasure of Government especially as they immediately applied for a Patent, as they have different Times done since.
That some years ago, sundry Persons claiming under the Patent to the Renselaer Family, and under that called Westenhook after mutually disparaging each other's Boundaries as vague and indeterminate, and their claims as exorbitant & rediculous[sic] (Tho [none?] of them had then yet been so far extended, as to comprehend the Settlements of your Petitioners) united their Titles and then first set a Claim so far North, as to include the Land in the Possession of [your?] Petitioners. That about eight years ago, a great Number of [Suits?] were commenced in Consequence of the said Coalition against [some?] of your Petitioners. That by the advice of some of the most eminent Counsel at Law in the City of New York, it was resolved to defend said Suits and to abide the Event of one or more Trials. That [altho?] the said Causes were noticed for Trial from year to year, those Notices were as often countermanded, to the great cost and [word?] of the Petitioners. That at Length the Plaintiffs have [words?] Nonsuits in all the said Actions.
That your Petitioners find, but they said Claimants have lately petitioned government for a Patent, under the specious [Title?] of a Confirmation. That if they said Patent or Patents under which they claim, comprehend the land they petition for, your Petitioners conceive a new Patent is unnecessary; and if those Lands are not so comprehended, your Petitioners humbly hope that they will be preferred, who cultivated the Land "Tho exposed to the frequent Wars and Incursions of the Savages," which the said Claimants alledge(sic) as their Reason for not setling(sic) them at all. That altho the said Claimants alledge(sic) as a Reason for the Application for a new grant, the Difficulty of deducing a Title from the Number of Persons interested yet your Petitioners conceive the true Reason is a total Defect of Right. That while they Suits aforesaid were depending against your Petitioners, others have been brought by other Persons for land exactly in the same situation with that of your Petitioners, and altho the said Claimants engaged to defend the said Suits, yet in two of them they have suffered Judgments by Default, and in another a Verdict was obtained against them. In these Causes, they said Claimants being Defendants, your Petitioners are advised the Difficulty so much complained of, of deducing a Title, might have been avoided, and that it would have been sufficient, only to prove the Premises in question to be within the Bounds of their Patent. That from the conduct of the said Claimants in the said two Suits, and the Event of the third after a fair Trial; from the Delays of their sad Parties in the Actions they themselves brought, as well as from their finally abandoning them, your Petitioners do confess, that every Idea they entertained of the Futility of the said Claim was confirmed. To this your Petitioners beg Leave to add, that the said Claimants have from several of the said Letters, taken Bonds in heavy Penalties not to controvert their Title. Your petitioners however disavow all Kinds of Riots, nor have they insulted the Laws by any Acts of Violence, or abused it by Delays. They wish they had no Reason to complain of the conduct of the Commissioners, appointed to make the Partition, which as it is alleged was attempted under the act of Assembly. These Persons [word?] contending for an arbitrary Power in their Employers, to give them Directions they pleased, & pretending to act in Obedience to such {word] have at different Times broke down Fences, and entered into and through inclosed, and improved Fields attended by numbers the Persons. The only Opposition your Petitioners have ever [word] made by Argument, insisting that as from their Possessions they were [the?] presumptive Owners, and as this great Question whas then in a [word] for judicial Decision, the Event of that ought to be wasted, before any steps were taken by either Party. Whatever Acts of Violence may [have?] been committed, your Petitioners are no more responsible for them than peaceable Members of every Community are, for the Irregularities of Individuals.
That your Petitioners have never declined a public Trial, [and?] on the contrary have always been ready to submit their Cause [to?] the impartial Decision of this honorable Board. That in [February?] 1773, his Excellency governor Tryon and his honorable Board, as [word] by the Minutes of Counsel, ordered the Petitions & Representations [word] the said Land to be transmitted to his Majesty, which was a[...]dingly done. That in Order to expedite a Determination, your Petitioner[s?] have employed two Agents, who at a great Charge and Expense, are soliciting the said Business in England. They have yesterday received a letter from James Savage Esq: one of the said Agents aquainting them, that upon receiving his Application the Right Honorable the Earl of Dartmouth had appointed a Day in August last for a more minute Enquiry in the Presence of their Excellencies Governor Tryon, & Governor Hutchison, which Letter is submitted to [the?] Perusal of your Honor & this Honorable Board.
NB The Letter was not delivered with the petition. S.B.
Your Petitioners therefore submit it, whether under these Circumstances a Decision ought now to take Place, and most humbly pray, that may be postponed until his Majesty's Pleasure is known. And your Petitioners also pray
[over]
That if his Majesty shall direct said Controversies to be decided here, a Day may hereafter be assigned for that Purpose, and that timely notice thereof may be given to the Petitioners, & they be allowed to make their Defense.
And the Petitioners shall ever pray.
Hezekiah Baldwin
Martin Beebe
David Pratt}Committee for the Said Town of New Canaan &
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The Petition of Hez. Baldwin
Martin Beebe, David Pratt,
in Behalf of the Inhabitants
of New Canaan & Odr1772
Septm. 29th Read in Council, and
postponed to Thursday the 8th
of October Next.—
The Petition of the Inhabitants
of New Canaan New Concord
Spencer Town & New Britton.
1774.
Sept. 29th. Read in Council—
Transcribed from an image of the original at New York State Archives. Dept. of State. Applications for land grants, 1642-1803. A0272-78, Volume 32, page 94.[Emphasis added - jhc]
I think Hez. Baldwin settled in the New Britain area, Martin Beebe in New Concord/Canaan area, and David Pratt in Spencertown. - jhc
There is an undated early map titled "Plan of the Town of Chatham" at New York State Archives. New York (State). State Engineer and Surveyor. Survey maps of lands in New York State, ca. 1711-1913. Series A0273-78, Map #177 showing a house labeled "James Savage Esq", the Agent referred to in this petition, which appears to be at Morehouse Corners. - jhc
— revised 2024-07-17 jhc