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Hun) the Council by majority of votes determined that it was not proper to examine the witness, he was therefore set aside.
N. B. It was said that the wife had received a Chinese Sack and Petr coat for Williams vote in favour of T. B. and H.
John McKinsic sworn saith, that John O'Brian hired his Seller for a year about a month ago, he was to give 40s.; he hired with intent to dwell in it; that he has his Beding in it; that when he returned from Capt. Schuylers he came there last Saturday or Fryday a week ago and was in Liquor and slept there that night on the flore; that since he hired the Seller he has slept there about 6 nights; that the said O'Brian goes out to work, and there where he usually worked he lodged; that from the house of this Deponent he went to one Moores about 8 days ago from last Saturday morning.
Lyle Hodge offered to be introduced as a witness. Objected to by Mr. Silvester that he was not on the Poll.
Mr. Hodge then complained that he had offered himself as a voter at the time of election and was refused; that he therefore complained of the Ingury; whereupon he was sworn and saith, that this day 3 weeks since he removed or left Mr. Edgars to Mr. Williams, in the first ward, and where he has now his Bed and Board; that he offered to vote at the late election and that he intended to vote Mr. Yates and Mr. Winne and was denied to vote; he left Mr. Edgars the 12th of August, he went to the first ward the 24th August, he went to New York and returned (ith Sept. and then lodged again at Mr. Williams; that he had lodged at Mr. Williams about 15 or 16 days before the election. Mr. Yates observed that when John O'Brian came to vote Mr. Yates refused to have his name inserted, that thereupon Mr. John Ten Broeck wrote down the voters name and whom he voted.
John Roorbach again examined, but as it was asked him about the customs of the Board, the Board thought the question as yet improper and would consider of it farther.
First complaining that he had not been returned,
Roeloff Cole sworn saith, that he offered to vote at the late election, and that his intention was to vote John Ten Broeck and Abraham Yates, that after he was denyed his intention was to vote A. Yates and W. Winne. The reason of his being refused by Mr. Ten Broeck was that he had not lived 6 weeks in the ward; that he went to look, but thought he had a right to vote; that he was born in town, but that he had found out he had not lived 6 weeks in the ward; that before he lived in the third ward he had been up to Missilunama. That before be had lived with his father in the 1st ward; that it was yesterday 7 or 8 weeks ago since he returned to this place. Saith he was at the City Hall after the election, he heard in discourse about the election with Pemberton and Wolf, who said he had got shiners for his vote; that Pemberton asked him how many; he said, What is that to you how many I got? and then put out his tongue. That he on oath declares he had received nothing for his vote or any promise of any Reward.
James Pierce the objection against his vote. The state of this objection is as follows:
N. B. No Clothing is mentioned in the agreement of servitude.
John Lansingh, Jun., saith on oath, that by the Aldm who held the pole, the question was usually put as a Test to a good vote or a bad vote, whether such voter had been six weeks in the Town or not; if they had the vote was admitted, and on the principle with respect a stranger, it was supposed their residence had been only in the ward.
Nicholas Hallenbeck, is born in the City, that he has lived about 11 months in the 3d ward; that he has received no reward for his vote, nor no promise of any reward, but that he made a difference of about £10 in the Candidates; that when Ab'n Schuyler asked him what he had got for his vote that as it was a foolish question, that he was yet to tell him.
Michael Dederiek saith, that in discourse with Isaac Van Arnum, that he has nothing for his vote nor any promise of reward; that Van Arnum persuaded him to vote for Hun aud Ten Broeck, that when he went to vote Van Arnum told him, your vote is as good as £5 to me. That last Fryday was 7 weeks he put up his trade at Mr. Willitts; that some time in October it will be 7 years since he arrived in America; that he was born in Germany, that he has taken an oath, was never naturalized, but believes the oath was for the performance of his Indentures.
John Roorback saith Chr. Beeckman had applycd to him how to get naturalized and that he was an Alien.
Jacob Heuderer in further examination saith that Wolf confessed he was born in Germany and that he came over when he was nine or ten years old.
Mr. Silvester opens on the part of Messrs. Ten Broeck and Hun. Jan Lau Voucke sworn saith, knows one Francis Doughty, that he was born in Lorain, that he has been about one year in this country, that he has been a long while in the country of Canady as a soldier as he thinks; that he has lived about 4 or 5 months at Schodack and about one year at Winne's the Tanner in the 3d ward.
It is admitted that ltoeloff Cole had said that he would have voted Hun and Ten Broeck immediately after he was refused.
John Maley sworn saith, that he knows Robert Williams, has lived with him since the 30th June last; that he hath heard him say that he was not of age, that he is not certain but thinks.
The witness was born in the Province of Alease in the French Dominions, that he is not naturalized, that he has been in this country almost 7 years, and about or near 5 years that he has paid taxes in Town, that on a former election he has voted Abm Yates and John Ten Broeck.
Robert Williams sworn saith, that he is not of the age of 21 years at this present time, that he will be 21 years the 23d of December 1774, that he was 13 years when he was bound apprentice.
Francis Doughty as to his own objection sworn saith that he is a Frenchman born; that when Canada was surrendered he was a soldier up the Illonois in the French Service saith, that he has taken the Oath of Fidelity to the British King and looks on himself as an English Subject.
John Metsger sworn saith, that he knows one John Phillips, that he has resided in the City of and on since the latter end of June, that he goes with a Sloop with the Deponent and that he sleeps when in Town aboard the Sloop and also at Sautfords, and sometimes at this Deponents House he eat and drinks; that about 12 days ago he left this Deponent and went to Cor* Santfords where he has slept.
Andries Abel sworn saith, that he was born in Hanover, that he has voted before for Aldermen and that he has also served for the City as Constable; that he taken the Oaths Alegiance &c. and has lived 20 years in this Country and that he never was out of America; that he has served his time at Jacob Groesbecks fur the trade as a Shoemaker.
James Pierce, that he has voted formerly for Magistrates in this City, but that he was not at such time a bound Servant; that he has paid Taxes and towards the Church of England support.
Gerrit Visscher says, that there was always some dispute about which ward his fathers house was in; that he is in Militia in Capt. Whine's Company in the lower ward, but that his Brother was in Jo* Beeckmaus ward, but his Opinion was that he was in the lower ward, but that his Brother have voted on some occasions in the upper ward, that he also has been a Constable in the third ward.
Hendrick Van Hoesen sworn deposcth and saith, that a little above half afternoon he came to town from the country, that he knew it was the day of election and he went immediately to the Market Place in order to give his vote and that he intended to vote John Ten Broeck and Thomas Hun as Aldermen, but he found no body there to whom to tender his vote; that he then went to the stoop of J. Dewaudlaer where he understood that the pole was closed; that he received no notice before the day of Election at what time in that day the Poll was to lie opened.
Jacob Hendcrer says that Godfrey Enox said he was born in Holland.
Francis Stoop sworn saith, that he lives out at the North Gate where he keeps his bed and Board at Abm De Wcovers; that he Lodges every night when in Town there, that goes with a Sloop.
At a Common Council held at the City Hall of the city of Albany on
the 5th day of October, 1773.
The Board being met and having taken into consideration the subject matter of the contested Election of the third ward between Abraham Yates, William Winue, John Ten Broeck and Thomas Hun, and have thereupon Resolved that previous to the determination of the said Scrutiny the following regulations (most of which are founded on the Customs of this Board in the like cases) are to be their guide in the determination of the present Election, as
1st, That no Aliens have a right to vote in any of the wards of this City tho the residence of such Aliens should have been for any length of time in the City before any Election of the members of this Board.
2d, That any person who is intitled to vote in this City and removes from one ward to another at any time before an election for the purpose of residing in such latter ward has a right to vote in such ward where he last resides.
3d, That every person by the custom of this Board of the age of twenty one years, born under the British Dominions and who has resided above six weeks in the City of Albany has a right to vote in the ward where he resides.
4th, That by a custom of this Board no bound Servant has a right to vote during the time of his servitude.
5th, That any person who gives his vote for the election of any of the Officers of this Board in consequence of a bribe given him by any person or persons, such vote is declared null and void.
6th, That by late custom it appears that the House where Harma Visscher lately lived is situated in the third ward.
The Board thereupon taking into consideration the Proofs that have been offered in objection to the validity of the vote of Patrick Gahigan as also the Proofs in favour of his vote, do unanimously declare that the said PatricirGahigan had a good vote.
This Board also taking into consideration the proofs offered in objection to the validity of the vote of Anthony Wolf Kylan and it appearing to the Board that he was born out of the British Dominions and such an Alien, and no proof appeared that he has been naturalized do therefore declare his vote void.
Also taking into consideration the proofs offered in objection to the validity of the vote of Christopher Beeckman and it appearing to the Board that he was born out of the British Dominions and that he had not been naturalized do therefore declare the said vote void.
No proof appearing to disqualify the vote of James Williams do therefore declare his vote good.
This Board taking into consideration the proofs offered in objection to John (/Brians vote, as also the proofs offered in favour of his vote and thereupon it appearing that the said John O'Brian had resided above six weeks in the City of Albany before the day of the last election and that his last place of residence before the said election was at the house of one James Moore in the third ward, and no intention appearing to the Board that he had moved in the said ward for the purpose of voting there, do therefore allow his vote good.
This Board also taking into consideration the proof offered in objection to the vote of John Adam Pees and it appearing that his family lives at Nestigeunoe, out of the jurisdiction of this City, and that he has worked at Paul Hogstrossers five months, that he sometimes goes to his family at Nestigoouno. upon consideration of which said Circumstances this Board declare that by reason of the said voters having his family out of the City where he at times goes, that he is only a sojourner here, that therefore his proper place of Residence is out of the City and this vote is void.
It appears to the Board that James Pierce at the time of the late election was a bound Servent to Anthony AVolf Kylan, and it also appearing that by the custom of this Board that no bound Scrvent has a right to vote during the time of his Servitude, this Board doth therefore declare the vote of James Pierce void.
It appears in proof to this Board that Michael Dederick is born in Germany, that he has not resided seven years in America and is not naturalized or ever took the Oaths of Supremacy and Allegiance, his vote is therefore declared void.
It appearing to the Board that the House wherein Philip Wendell and Timothy Hutton reside is situated in the third ward, do therefore declare their votes good.
It appearing to this Board in proof that Adam Craft was born in Germany, that he never was naturalized, that he has lived twenty years in America, that it does not appear he ever has taken the Oaths of Allegiance and Supremacy, therefore his vote is declared void.
Considering the proofs in objection to the vote of Nicholas Halenbeck the Board do not think it sufficient to disqualify this vote, do therefore delare it good.
Considering the proof that is offered to validate the vote of Francis Doughty and it appearing thereby that he at the time Canada surrendered to the British Crown by Capitulation, he was a Soldier in the French service within the district of the country that surrendered, and since which time he has taken the Oath of Fidelity to the British King, it is therefore declared by the Board that he has a good vote. •
It appearing to this Board that Robert Williams at the time of the Election was not of the age of twenty one years and that therefore he has no vote.
It appearing on proof to this Board that John Maley was born in the Province of Alsace, in the French Dominions, that he has not been naturalized, and that he has not lived seven years in America, his vote is therefore declared not good.
It appearing to this Board that John Philips has resided above six weeks in this City before the time of Election, and that he was residing in the third ward at and before the Election do therefore declare his vote good.
It appearing to the Board that Andries Able was born in Hanover, that he has lived in this country twenty years, that he has heretofore served as Constable in the City of Albany and as such that he has taken the Oath of Allegiance and Supremacy, that he has also served his time to learn a Trade in the City of' Albany, yet this Board conceiving that the said Andries Abel has not regularly qualified himself and taken the necessary measures presented by a late statute made in the time of George the Second to entitle himself to the benefit of a Naturalization, do therefore declare his vote void.
It appearing to this Board that Godfrey Enox was born in Holland, and it not appearing he ever was naturalized, do therefore declare his vote void.
Resolved by this Board upon the consideration of the Complaint and Testimony of Lyle llodge, who says that he offered his vote in the late Election and that it was refused him to vote, and this Board farther considering the right the said Lyle Hodge had to a vote, do Resolve that he had no vote and that the Alderman who took the Poll had a right to refuse him his vote.
By complaint of Roelof Cole it appears to the Board that he was refused to vote at the Election, and by proof it appears to this Board that he was entitle to a vote, but not being returned on the poll this Board upon the circumstances of the proof made before us are not satisfied that we have a right to add his vote to the said Poll.
Upon the complaint and testimony of Hendrick Van Iloesen it appears to this Board that upon his return from Country on the day of Election about 5 o'clock in the afternoon and that he attended at the usual place of Election and found no person or persons there to whomc he could legally tender his vote and that he intended to have voted John Ten Broeck and Tho" Hun for Aldermen, but it further appearing that he did not call on any of the Magistrates who had a right to take his vote, and it also appearing to this Board that the said poll had been open from the hour of nine in the morning to between four and five in the evening, and then only closed because no other voters appeared, this Board do therefore upon these circumstances declare that the said voter had omitted his opportunity of voting and thattherefore his complaint is groundless.
Francis Stoop having offered his vote on the said Election and was refused by the Magistrates holding the said Election, and upon consideration of circumstances of the said refusal this Board doth concur in sentiments with them.