Robert Hamilton, my 2nd great-uncle

Since I spent a little bit of time on my maternal side with my first post, I’ll move along to my paternal side for this one.  My dad’s paternal line is the Hamilton/Hayes line.  They came over from Ireland in the mid-1850s and based on Irish marriage and baptism records I found for various family members, they were from Donaghmore, County Down in Northern Ireland.

Robert Hamilton and his wife, Ellen (nee Hayes) were my great-great grandparents. Though I am directly descended from their son, William Francis Hamilton, today I’m going to write about their oldest son, Robert.

Robert Jr. was born about 1838 in Ireland and arrived in America definitely before 1860.  I don’t know that the entire Hamilton family that emigrated came over together, as I do find that three of Robert and Ellen’s children arrived in 1855 so I would assume at least some of the family was in America prior to that.  In the 1860 U.S. Federal Census, (enumerated on the 20th of August), Robert Jr. lived with his parents and siblings in the Second Ward of Orange.  His occupation was listed as a hatter.

I found a record in the U.S., Civil War Soldier Records and Profiles, 1861-1865 that shows Robert enlisted on 10 May 1861 in Orange, New Jersey (state served: New York).  The record also shows that he enlisted in Co. E, NY 71st Infantry Regiment on 21 Jun 1861, rank at enlistment: Corporal.  He was mustered out on 18 Apr 1863 in Washington, D.C.  After those two years of service he was, I assume, drafted in 1863, and served for the state of New Jersey, because I came across draft registration information in the  U.S. Civil War Draft Registration Record (1863-1865, NJ, 4th, Vol 3 of 3), enumerated in June of 1863, with Robert living in Orange, occupation, a hatter.  It is noted in this record that he had former military service (2 years) in the Excelsior Brigade.   Pension records, upon application of his widow, Alicia O’Rourke, indicated he served in Co. B, 34t NJ Infantry, as well as Co.’s A & B, 2nd NJ Cav.

From the Acts of the General Assembly of the State of New Jersey, session of 1869, Chapter CCCV, in “An Act to Incorporate Saint Vincent’s Orphan Asylum”, a Robert Hamilton is listed among the group of men, which included the “Right Reverend James Roosevelt Bayley, D.D., Bishop of the Roman Catholic Diocese of Newark”, that made up this body.  While this could be a different Robert Hamilton, I feel that it was my 2nd great-uncle, as listed among this group is also a Martin Redington.  Martin Redington was one of the witnesses of the marriage of Robert and Alicia O’Rourke in 1871.  He was also from Ireland, and also lived in the Second Ward of Orange.   I don’t know that the concept of incorporating St. Vincent’s Orphan Asylum ever came to fruition because I can’t find any other mention of it ever existing.

By 1870, Robert’s father had died and based on the U.S. Federal Census of that year, (enumerated on the 6th of July), Robert lived at home, still in the Second Ward of Orange, with his mother and his surviving siblings.  A few months earlier, based on a snippet that appeared in the Trenton State Gazette (Trenton, New Jersey, Wednesday, April 27, 1870 Vol. XXIV, Issue 100), Robert was appointed the Marshal of the Town of Orange, and his occupation is listed as such for this census record.  On January 1, 1871, Robert married Alicia O’Rourke in St. John’s Church in Orange, witnessed by Martin Redington and Mary Deegan and on January 9 of the following year, Robert and Alicia welcomed their first – and only – child, a daughter, Mary Ellen.

Robert appeared to be a busy and enterprising fellow and when I obtained a copy of his wife Alicia’s obituary (she died February 20th, 1920 in Orange, New Jersey), the write-up was entitled “Mrs. Robert Hamilton Dies; Was Widow of First Orange Marshal”.  So, not only was Robert appointed the Marshal of Orange, but he was the first!  I found several newspaper write-ups of “Marshal Hamilton” going about his police business.  In Dec 1871 he and Officer Conroy arrested a man in Newark, and brought him to Orange after a woman in Orange went to the Overseer of the Poor, looking for aid for herself and her children.  This man was father to one of the children and once the Overseer made a complaint against this man, he was found and arrested.  The article noted that the man and woman were to be married the following week – I wonder if that was ordered??  I also found the following, taken from a website that archives old newspapers.  It is from the Centinel of Freedom (Newark, NJ), Tuesday, August 9, 1870, Vol. LXXIV:

Less than two years after his appointment as Marshal, Robert died on November 28, 1872 at about the age of 34 – still relatively a young man, even for those days.  He was buried on December 1, 1872 in St. John’s Cemetery in Orange, New Jersey.  I have a copy of his will, probated December 18, 1872, copy of text posted below.  Little else is known of him, a short life but, apparently, an accomplished life.  I hope to one day find out more about this “First Marshal” of Orange.

Will of Robert Hamilton:

“Essex County, Robert Hamilton Dec’d, filed and proved December 18, 1872, Recorded in Book S of Wills for Essex County, on page 33, Geo. D. G. Moore, Surrogate

In the name of God, Amen.  I, Robert Hamilton, of the City of Orange in the County of Essex and State of New Jersey, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my last will and testament in manner following to wit.

First, I order all my just debts and funeral expenses to be paid and satisfied as soon as conveniently can be after my decease.

Second, I give and bequeath unto my beloved wife Alicia all my househould goods and furniture together with any monies belonging to me at the time of my decease.

Third, I give and bequeath unto my three brothers William F., Christopher J., and John C. all of my wearing apparel, to be divided among them equally, as my Executrix may direct.

Fourth, I give and devise unto my said wife, Alicia, my house and lot in New Street, in the City of Orange, to have and to hold the same for and during the natural life of my mother Ellen Hamilton, and to permit my mother to use and occupy the rooms now occupied by her, free from rent or incumbrance, during her natural life; in case my mother should remove from said rooms and reside in another house, then I order and direct the said rooms to be rented and the rent paid over to my said mother.

In case said house should be destroyed by fire, or otherwise, and the Insurance Company should neglect or refuse to rebuild, or repair the same, I order and direct that the said lands be sold by my Executrix hereinafter named, in such manner as she shall see fit, and the proceeds of such sale be divided as follows, viz the sum of Two Hundred Dollars be paid to my said mother, for her use forever, and that the sum of Eight Hundred Dollars be deposited by my Executrix in some good Savings Bank or Institution, in the County of Essex, in trust for my daughter Mary Ellen, to be paid to her, principal and interest, when she shall arrive at the age of Eighteen years.

Fifth, In the event of the marriage of my said wife, after my decease, whether said house shall remain standing, or not, I order and direct the said real Estate to be sold and the proceeds thereof to be divided as aforesaid between my said daughter and mother.

Sixth, In the event of the sale of my real Estate, in either of the cases above mentioned, for more than the amounts bequeathed to my mother and daughter, I hereby order and direct that the surplus over and above said amounts shall be had and received by my said wife to have and to hold the same to her, her heirs and assigns forever.

Seventh, Until the sale of said real Estate as aforesaid, I order and direct that my said wife shall receive the rents, issues and profits thereof, except the rooms to be occupied by my mother.

Eighth, In case my said daughter should die before arriving at the age of Eighteen years and the said sum of Eight Hundred Dollars shall have been deposited for her as aforesaid, then I order and direct that the same with all interest accrued thereon be divided equally between my said mother and wife, if both be living, and if either shall have deceased, the whole to be paid to the survivor.

Ninth, After the decease of my said mother I give and bequeath my said real Estate to my wife Alicia, if she remain unmarried, for and during her natural life, or as long as she shall remain single, to receive the rents, issues and profits thereof, to her own use and at her decease I give and devise the same to my said daughter, her heirs and assigns forever provided always that the same may be sold as above provided for in he Events mentioned.

Tenth, In case of the decease of my said daughter during the lifetime of her mother, and the death of my said wife before the said real Estate shall have been sold as above provided, then I give and devise the same to my sister Margaret A. and my brothers William F., James Christopher and John C. or the survivor or survivors of them, share and share alike, to have and to hold the same, to them their heirs and assigns forever.

Eleventh, In case the said real Estate shall be sold, as aforesaid, during the lifetime of my said Executrix, I hereby authorize and empower her to execute a good and sufficient deed or deeds of conveyance for the same.

Twelfth, I hereby nominate, constitute and appoint my said wife Alicia, as and to be the Executrix of this my last will and testament and guardian of my daughter during her minority.

In Witness, Whereof, I have hereto set my hand and seal this twenty-second day of October A.D. Eighteen hundred and seventy-two.  Signed, sealed, published and declared by the said Robert Hamilton as and to be his last will and testament in the presence of us who were present at the same time and subscribed our names as witnesses at his request..Geo P. Kingsley (signed) and Patrick Conroy (signed).  Document signed by Robert Hamilton.

Essex County, ss. Patrick Conroy One of the witnesses to the annexed writing, purporting to be the last Will and Testament of Robert Hamilton the Testator therein named, deceased, being duly sworn on his oath says that he saw the said Testator sign and seal the said annexed writing, and heard him publish, pronounce and declare the same as said for his last Will and Testament That at the time of the doing thereof the said Testator was of sound disposing mind, memory and understanding, as far as this deposant knows, and as he verily believes that George P. Kingsley the other subscribing witness thereto was present at the same time with this deposant and together with him subscribed his name thereto as a witness in the presence of the Testator and of each other, at the request of the Testator and that said Testator died more than ten days ago.  Sworn December 18, 1872 before me, Geo. D.G. Moore, Surrogate, signed by Patrick Conroy.

Essex County, ss. Alicia Hamilton The Executrix in the annexed writing named being duly sworn on her oath doth say, the annexed writing contains the true last Will and Testament of Robert Hamilton, the Testator therein named, deceased, as far as she know and as she verily believes; that she will, as the Executrix thereof, well and truly perform the same, first by paying the debts of said deceased, and then the legacies therein specified, as far as the Goods, Chattels and Credits of said deceased will thereunto extend, and the law charge him; that she will make and exhibit into the Surrogate’s Office, of the County of Essex, a true and perfect Inventory of all and singular the said Goods, Chattels and Credits, as far as the same hav eor shall come to her possession or knowledge, or to the possession of any other person or persons to her use, to her knowledge And that she will well and truly account when thereunto lawfully required.  And that said Testator died on the 28th day of November last.  Sworn December 18, 1871 before me, Geo. D.G. Moore, Surrogate, signed by Alicia Hamilton.”