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Delaware County NY Genealogy and History Site


Centennial History of Delaware County, New York : 1797-1897
edited by David Murray, LL.D.

Transcribed by Tamara Sanford

SECTION VI.-ORGANIZATION OF THE COUNTY.

Down to 1797 the territory now forming Delaware county was included in the counties of Ulster and Otsego. The former reached to the West branch of the Delaware river which formed its north-west boundary; the latter reached the same stream which formed its south-east boundary. The inhabitants south of the river were compelled to go to Kingston for their necessary law business, while those on the north side went the long journey to Cooperstown. In 1794 a plan was mooted to carve from the two counties another, to be called Delaware county from the name of the Delaware river which took its rise within the proposed boundaries. There was a strong opposition of course, as there always is, to the formation of the new county, and a petition numerously signed was sent to the Legislature protesting against the proposed action.

For several years therefore the measure was held back, and it was not till 1797 that the bill was finally passed. During this session of the Legislature, Dr. J. H. Brett, a physician of Harpersfield, was a member of the Assembly from Otsego county, John Burr of Middletown a member for Ulster county, and Ebenezer Foote a member from Newburgh in Orange county. These three active and efficient members espoused the cause of the new county, and mainly by their agency the bill was carried through the Legislature and became a law March 10, 1797.

Some slight changes have been made in the boundaries of the county since the original act of incorporation was passed. In 1817 a section north of the Charlotte river was detached from Otsego county and added to Delaware county. And in 1822 a strip of Delaware county lying on the south side of the Susquehanna river, but separated from the body of the county by almost inaccessible mountains, was detached from Delaware county and made a part of Otsego. With these exceptions the boundaries of the county have remained as described in the original act.

When the county was chartered there were only seven townships already established. They are given below: 1. Harpersfield, organized 1788, in Otsego county. 2. Middletown, organized 1789, in Ulster county. 3. Colchester, organized 1792, in Ulster county. 4. Franklin, organized 1792, in Otsego county. 5. Stamford, organized 1792, in Ulster county; in 1834 a part was detached from Harpersfield and Kortright and attached to Stamford. 6. Kortright, organized 1793, in Otsego county. 7. Walton, organized 1797 (just before the organization of the county), in Otsego county.

The other twelve towns of the county have been formed from time to time by slicing away parts of the older towns, in the following order: 1. Delhi 1797, taken from Walton and Kortright. 2. Roxbury 1799, taken from Stamford. 3. Meredith 1800, taken from Franklin and Kortright. 4. Sidney 1801, taken from Franklin. 5. Hancock 1806, taken from Colchester. 6. Tompkins 1806, taken from Walton (for two years called Pinefield). 7. Masonville 1811, taken from Sidney. 8. Davenport 1817, taken from Harpersfield. 9. Andes 1819, taken from Middletown. 10. Bovina 1820, taken from Delhi, Middletown and Stamford. 11. Hamden 1825, taken from Delhi and Walton. . 12. Deposit 1880, taken from Tompkins.

In furtherance of the organization of the new county the supervisors held their first meeting May 31, 1797. They met in the new town of Delhi. The place of meeting was at the house of Gideon Frisbee, which stood at the junction of Elk creek with the West branch of the Delaware river and which for many years served as a tavern. The supervisors were as follows:

1. William Horton, Colchester. 2. Enos Parker, Franklin. 3. Roswell Hotchkiss, Harpersfield. 4. Benajah Beardsley, Kortright. 5. Benjamin Milk, Middletown. 6. John Lamb, Stamford. 7. Robert North, Walton.

The records of this first meeting have been preserved and are of great interest. In the appendix will be found some facts concerning these early records. The court of common pleas held its first session at Mr. Frisbee's house on October 3, 1797. The first jury impaneled in the county was in attendance, and it is the tradition that its sessions were held under a large butternut tree which was standing until a few years ago. The judges of this court were: Patrick Lamb, William Horton, and Gabriel North; assisted by Isaac Hardenbergh, and Alexander Leal. The following attorneys were admitted to practice at this court: Conrad E. Elmendorf, Philip Gebhard, Anthony Marvine, David Phelps, Erastus Root and Cornelius E. Yates. Until a courthouse was built, in which the county business could be conducted, the courts continued to be held at Mr. Frisbee's tavern.

The first Court House was begun in 1798. The board of supervisors voted the sum of $1,200 for its erection and appointed a commission of substantial citizens to direct the building. An additional sum of $500 was afterward voted; and the whole expenditure was audited and paid at $2,054.42. This building stood on the ground which now composes the Courthouse square near the main street and which was donated for the purpose by George Fisher and Levi Baxter. A part of the building was used as a jail; and the office of the County Clerk was also situated in it.

In 1820 this Court House was destroyed by fire; and a young man from Andes named Abram Coon who had been committed for a short confinement in the jail for petit larceny, perished in the flames. The citizens of Delhi took immediate measures to rebuild the Court House. Colonel Amasa Parker was sent to Albany, where the Legislature was in session, and where General Erastus Root was present as a member. Together they drew an act authorizing the State to loan to the county the sum of $8,000, with which to rebuild the Court House; the sum to be repaid with six per cent interest in four years. By General Root's activity and energy this act was immediately passed, and the rebuilding was begun. It was provided that until the new jail was ready for use, prisoners, for whom no bail could be taken, might be confined in the jail of Greene county.

The building then erected continued to be used till 1871. But in 1868 the board of supervisors took measures to replace it by a building more adequate and suitable. At this time an offer was received from the town of Walton to supply the county with all necessary buildings on condition that the county seat should be removed to that place. This offer however was not accepted. It was felt by the eastern towns of the county that it would be a great inconvenience to have the county seat so far removed from the centre of the territory. The people of Delhi were thoroughly roused by the danger of losing the county buildings and offices, and by a vote of the town authorized the payment of $10,000 towards the erection of the now Court House. The supervisors voted to expend the sum of $30,000 for a building of brick trimmed with stone. The design for it was drawn by Mr. I. E. Perry the supervising architect of the State Capitol, and Mr. Robert Murray was the superintendent of the construction.

The old building was sold to the village of Delhi for a town hall and removed to a site in the rear. The cost of the new building was found to be greater than the architect's estimate, and the supervisors voted an additional sum. The building was completed and opened January 30, 1871.

The most exciting experiences in the court at Delhi were three below mentioned:

1. The trial of John Graham, an Irishman, in 1814, for the murder of Hugh Cameron and Alexander McGilfrey. A quarrel had taken place between the parties at a logging bee; and on their way home through a piece of wood, Graham struck them with a handspike. He was tried for the crime and convicted. He was hung July 29, 1814.

2. The second exciting trial was that of Nathan Foster for poisoning his wife in 1819. He had been a tory during the Revolution and was believed to have inhumanly murdered Colonel Alden at Cherry Valley in 1777. He was found guilty of the murder of his wife and duly hung. Martin VanBuren the Attorney General was present and assisted the District Attorney. Erastus Root and Samuel Sherwood were the counsel for the prisoner.

3. The third period of intense excitement was when the anti- rent trials* (*see the paper on the Anti-Rent Episode) were held for the killing of Under-Sheriff Steele. 'These trials were held in the autumn of 1846, Justice Amasa J. Parker presiding. The Attorney General John VanBuren assisted the District Attorney and Samuel Sherwood was special counsel. The counsel for the prisoners under trial were Amasa Parker the uncle of the presiding justice, Samuel Gordon, and Mitchell Sanford of Greene County.

Population of the county by towns

In 1820 the following was the number of the taxable inhabitants in each of the towns:

Colchester .............. 177 Delhi .............. 124 Franklin .............. 205 Harpersfield .............. 165 Rortright .............. 260 Middletown .............. 167 Meredith .............. 36 Roxbury .............. 169 Stamford .............. 195 Walton .............. 183 Total .............. 1,681

We give in closing this chapter concerning the organization of Delaware county a list* of the several officers from the formation of the county to the present, with the time of their election to, office. (*For this enumeration we are indebted to the New york Civil List, supplemented by Mr. J.A. Parshall).

I. COUNTY JUDGES.

Joshua H. Brett .... 1797 Jesse Palmer .... 1855 Ebenezer Foote .... 1810 William Gleason .... 1859 Isaac Ogden .... 1816 William Murray .... 1863 Ebenezer Foote .... 1828 Edwin D. Wagner .... 1867 Jabez Bostwick .... 1830 Isaac H. Maynard .... 1877 Charles Hathaway .... 1840 Daniel T. Arbuckle .... 1883 Nelson K. Wheeler .... 1845 James R. Baumes .... 1889 Edwin More .... 1847 Albert H. Sewell .... 1889 William Gleason ..... 1851 Albert H. Sewell .... 1895

II. SURROGATES.

Anthony Marvine .... 1797 Amasa J. Parker .... 1832 John R. Gregory .... 1811 Charles Hathaway .... 1841 Amos Douglass .... 1813 Nelson K. Wheeler .... 1844 Robert North .... 1815

Since 1847 the duties of the Surrogate have been performed by the County Judge.

III. DISTRICT ATTORNEYS.

William H. Elting .... 1818 John Grant .... 1856 John B. Spencer .... 1821 George W. Clark .... 1859 Selah R. Hobbie .... 1823 Reuben H. Root .... 1862 Noadiah Johnson .... 1827 Ferris Jacobs, jr .... 1865 Amasa J. Parker .... 1833 Harvey F. Davidson .... 1868 Samuel Gordon .... 1836 Ferris Jacobs, jr .... 1871 Nelson K. Wheeler .... 1839 Daniel T. Arbuckle .... 1874 Jonas A., Hughston .... 1842 Abram C. Crosby .... 1877 Truman H. Wheeler .... 1845 Jonas M. Preston .... 1880 Amasa J. TenBroeck .... 1847 Samuel H. Fancher .... 1883 William Murray .... 1850 John P. Grant .... 1889 Robert Parker .... 1853 William F. White .... 1892

IV. COUNTY CLERKS.

Ebenezer Foote .... 1797 Crawford B. Sheldon .... 1828 Philip Gebhard .... 1801 William McLaughry .... 1845 John Doll .... 1803 Benjamin Cannon .... 1852 Homer R. Phelps .... 1809 Robert S. Hughston .... 1858 Asahel E. Paine .... 1810 William Ward Grant .... 1864 Homer R. Phelps .... 1811 Smith H. White .... 1870 Ambrose Bryan .... 1813 Ransom A. Grant .... 1876 Asahel E. Paine .... 1815 George T. Warner .... 1882 Homer R. Phelps .... 1821 George W. Crawford .... 1888 Homer E. Phelps .... 1822 Joshua K. Hood .... 1894 John Burhans .... 1825

V. SHERIFFS.

Elias Butler .... 1797 DeWitt C. Thomas .... 1846 James I. White .... 1799 David Rowland .... 1848 Clark Lawrence .... 1801 Duncan McDonald .... 1852 Roswell Hotchkiss .... 1805 Alexander H. Burhans .... 1855 Nathan Edgerton, jr .... 1809 Baldwin Griffin .... 1858 Jabez Bostwick .... 1811 Gabriel S. Mead .... 1861 Robert Leal .... 1813 John Calhoun .... 1864 Jabez Bostwick .... 1815 Hamilton S. Preston .... 1867 Martin Keeler .... 1819 Edward A. Griffith .... 1870 Isaac Burr .... 1820 Darius S. Jackson .... 1873 Martin Keeler .... 1821 William T. Clark .... 1876 Roger Case .... 1822 John Crawford .... 1879 Martin Keeler .... 1825 William H. Douglass .... 1882 Gordon R Edgerton .... 1829 Daniel Franklin .... 1885 John H. Gregory .... 1831 John J. McArthur .... 1888 Duncan J. Grant .... 1834 Thomas E. Elliott .... 1891 John M. Betts .... 1837 William C. Porter .... 1894 John Edgerton .... 1840 James D. Lawrence .... 1897 Green Moore .... 1843

VI. COUNTY TREASURERS

Previous to 1846 the treasurers of the counties were appointed by the boards of supervisors and held office during their pleasure.

James Elwood .... 1848 J. Savan Page .... 1875 Horatio N. Buckley .... 1851 Minor Stilson .... 1883 Charles A. Foote .... 1860 J. R. Honeywell .... 1887 Theophilus F. McIntosh .... 1869 C. S. Woodruff .... 1893

VII. MEMBERS OF CONGRESS.

Erastus Root .... 1803-05 Samuel Gordon .... 1841-43 Erastus Root .... 1809-11 Samuel Gordon .... 1845-47 Samuel Sherwood .... 1813-15 Herman D. Gould .... 1849-51 Erastus Root .... 1815-17 Jonas A. Hughson .... 1855-57 Robert Clark .... 1819-21 James H. Graham .... 1859-61 Charles A. Foote .... 1823-25 Samuel F. Miller .... 1863-65 Selah R. Hobbie .... 1827-29 Charles ]Knapp .... 1869-71 Erastus Root .... 1831-33 Samuel F. Miller. .... 1875-77 Noadiah Johnson .... 1833-35 Ferris Jacobs, jr .... 1881-83 Amasa T. Parker .... 1837-39 Charles J.. Knapp .... 1889-91

VIII. STATE SENATORS

Ebenezer Foote ....1799,1800-02 Henry E. Bartlett .... 1852-53, Joshua H. Brett .... 1804-12 Edward 1. Burhans .... 1858-59 Erastus Root .... 1812-16 Orson M. Allabeii .... 1864-65 Isaac Ogden .... 1816-20 James H. Graham .... 1872-73 John T. More .... 1820-23 Curtis Marvin .... 1878-79 Isaac Og#en .... 1823-27 Matthew W. Marvin .... 1886-87 Noadiah Johnson .... 1837-39 William Lewis .... 1888-89 Erastus Root .... 1840-44 James Ballantine .... 1895-96 Stephen C. Johnson .... 1844-48 John Grant .... 1896- John M. Betts .... 1848-49

IX. MEMBERS OF ASSEMBLY.

1797 .... William Horton, Nathaniel Wattles. 1798 .... Elias Butler, Erastus Root. 1799 .... Patrick Lamb, Sluman Wattles. 1800 .... Gabriel North, Erastus Root. 1801 .... Gabriel North, Erastus Root. 1802 .... John Lamb, Elias Osborne. 1803 .... Gabriel North, Elias Osborne. 1804 .... Adam I. Doll, Anthony Marvine. 1805 .... Anthony Marvine, Gabriel North. 1806 .... John T. More, Joshua Pine. 1807 .... John T. More, Gabriel North. 1808 .... Daniel Fuller, David St. John. 1809 .... John T. More, Elias Osborne. 1810 .... Daniel Fuller, David St. John. 1811 .... Danel H. Burr, Isaac Ogden. 1812 .... Robert Clark, Andrew Craig, jr. 1813 .... John T. More, Isaac Ogden. 1814 .... Robert Clark, Asahel E. Paine. 1815 .... William Dewey, Henry Leavenworth. 1816 .... Martin Keeler, Asahel E. Paine. 1817 .... William Beach, Erastus Root. 1818 .... James Eells, Erastus Root. 1819 .... Peter Pine, Erastus Root. 1820 .... John H. Gregory, Erastus Root. 1821 .... Benjamin Benedict, Asa Grant. 1822 .... Asa Grant, Samuel Rexford. 1823 .... James Ells, Peter Pine. 1824 .... Jabez Bostwick, Harman I. Quackenboss. 1825 .... Erastus Root, William Townsend. 1826 .... Erastus Root, John Thompson. 1827 .... Edward Doyle, Erastus Root. 1828 .... William S. MeRea, James G. Redfield. 1829 .... Matthew Halcott, Erastus Root. 1830 .... David P. Mapes, Peter Pine. 1831 .... James Coulter, James Hughston. 1832 .... John Edgerton, Stoddard Stevens. 1833 .... Samuel Gordon, Amasa J. Parker. 1834 .... Dubois Burhans, William B. Ogden. 1835 .... John Griffin, James W. Knapp. 1836 .... Jesse Booth, Thomas J. Hubbell. 1837 .... Cornelius Bassett Darius Maples. 1838 .... Ichabod Bartlett, Jonas More. 1839 .... Orson M. Allaben, Nathan Bristol. 1840 .... Stephen H. Keeler, Charles Knapp. 1841 .... Samuel Eells, Orrin Griffin. 1842 .... Milton Bostwick, Nelson K. Wheeler. 1843 .... Edward I. Burhans, Jesse Palmer. 1844 .... John McDonald, Linus Porter. 1845 .... Orrin Foote, Reuben Lewis. 1846 .... John C. Allaben, Donald Shaw. 1847 .... Platt Townsend, John Calhoun. 1848 .... James E. Thompson, Luther Butts. 1849 .... George H. Winsor, Richard Morse. 1850 .... Samuel Doyle, William Gleason, jr. 1851 .... Hezekiah Elwood, Lewis Mills. 1852 .... Charles S. Rogers, Daniel Stewart. 1853 .... Samuel F. Miller, David Rowland. 1854 .... William B. Smith, Ezekiel Miller. 1855 .... John Mead, John Haxtun. 1856 .... Barna R Johnson, Warren Dimmick. 1857 .... Fletcher Palmer, Samuel A. Law. 1858 .... Barna R. Johnson, Samuel A. Law. 1859 .... Donald D. Shaw, died. Barna R. Johnson, Samuel A. Law. 1860 .... Seymour E. Smith, Daniel Waterbury. 1861 .... Nelson K. Wheeler, Daniel Waterbury. 1862 .... Robert W. Courtney, Francis R. Gilbert. 1863 .... Jerome S. Landfield, Francis R. Gilbert. 1864 .... Ira E. Sherman, James Oliver. 1865 .... Ira E. Sherman, John Ferris. 1866 .... Joshua Smith, George C. Gibbs. 1867 .... Albert E. Sullard, Edward I. Burhans. 1868 .... Benjamin T. Bassett, John Ferris. 1869 .... Alpheus Bolt, Orson M. Allaben. 1870 .... Alpheus Bolt, James H. Graham. 1871 .... William Lewis, jr., Matthew Griffin. 1872 .... William Lewis, jr., Matthew Griffin. 1873 .... Benjamin J. Bassett, Matthew Griffin. 1874 .... Warren G. Willis, George G. Decker. 1875 .... George D. Wheeler, Isaac H. Maynard. 1876 .... William J. Welsh, Isaac H. Maynard. 1877 .... Albert H. Sewell, Robert P. Cormack. 1878 .... Albert E. Sullard, John S. McNaught. 1879 .... Robert Beates. 1880 .... William Lewis. 1881 .... Chester H. Treadwell. 1882 .... Timothy Sanderson. 1883 .... Silas S. Cartwright. 1884 .... Silas S. Cartwright. 1885 .... Charles J. Knapp. 1886 .... David L. Thomson. 1887 .... Charles J. Knapp. 1888 .... George 0. Mead. 1889 .... James Ballantine. 1890 .... Henry Davie. 1891 .... James R. Cowan. 1892 .... DeWitt Griffin. 1893 .... Wesley Gould. 1894 .... Robert Cartwright. 1895 .... Delos H. Mackey. 1896 .... Delos H. Mackey. 1897 .... Delos Axtell.

SUPREME COURT JUSTICES.

1844 .... Amasa J. Parker. 1867-87.. William Murray, appointed in place of Justice Mason. 1887 .... Francis R. Gilbert, appointed in place of Justice Murray.

CONSTITUTIONAL DELEGATES.

1801 .... Roswell Hotchkiss, Elias Osborn. 1821 .... Erastus Root, Robert Clark. 1846 .... Isaac Burr, David S. Waterbury. 1867 .... John Grant, Samuel F. Miller. 1873 .... Jonas M. Preston (commissioner). 1894 .... Abram C. Crosby.

STATE OFFICERS.

1823-24. Erastus Root was Lieutenant-Governor. 1824 .... Erastus Root was appointed a member of a commission to revise the laws. 1835 .... Amasa J. Parker was chosen by the Legislature a Regent of the University. 1854 .... Norwood Bowne was elected State Prison Inspector. 1855 .... Joel T. Headley, who was born in Walton, but at the time of his election was not a resident of the county, was elected Secretary of State.


Index to Centennial History of Delaware County

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