The American ancestor of Judge Austin A. Yates is Joseph Yates, an English soldier, who came over with Colonel Nichols, commander of the English forces to whom Stuyvesant, the Dutch director general of New Amsterdam, was compelled to surrender. The family is an old and honored one in England, and Joseph is the progenitor of a numerous race, yet surviving in Albany, Montgomery and Schenectady counties and from thence scattered all over the United States. Joseph Yates appears in Albany in 1664, died there in 1730. He was in receipt of a pension as a soldier of the King and seems to have been purveyor of Fort Orange, as he makes a most earnest plea for pay for his wood furnished to Fort Orange. He married Hubertje Marselis, buried July 13, 1730, daughter of Marselis Janse Van Bommel. In 1693 he had seven children living and in 1713 lived on the east corner of Green and Beaver streets, Albany. He was buried July 13, 1730. Children baptized in Albany:
- Christoffel, of further mention.
- Robert, born November 4, 1688, settled in Schenectady in 1711; he was a merchant and owned a tan yard; he married, February 15, 1712, Margaret, daughter of Claas DeGraff; his descendants became famous in the revolutionary war and after history of New York, one, John Van Ness Yates, being secretary of state from 1818 to 1826.
- Selia, baptized May 7, 1693.
- Joseph, born March 17, 1695, married Hedrikje Hooghkeck, May 28, 1719; buried in Albany, January 19, 1750.
- Sara, born March 6, 1698.
- Abraham, born March 1, 1704; married Hester Drinkwater in New York, September 10, 1726.
(II) Christoffel, eldest son of Joseph and Hubertje M. (Van Bommel) Yates, was baptized in Albany, April 16, 1684, buried February 26, 1754. He married, July 12, 1706, Cataleyntje Winne. Children baptized in Albany:
- Joseph, of further mention.
- Adam, baptized August 15, 1708; married, June 2, 1733, Anna Gerritse.
- Catalina, baptized October 7, 1711.
- Catalyna, baptized October 19. 1712.
- Hubertje, baptized November 7, 1714.
- Johannes, baptized October 14, 1716; married, November 28, 1737, Rebecca Waldron.
- Anneke, baptized October 5, 1718.
- Maria, baptized April 29, 1722.
- Abraham, baptized August 23, 1724, died June 30, 1796, he was mayor of Albany, appointed by Governor George Clinton and served from 1790 to 1796; was sheriff of Albany county from 1754 to 1755; deputy to provincial convention, New York, 1775; president pro tem of first provincial congress, 1775; deputy to second and third provincial congresses; member of council of appointment in 1777 and council of safety from 1777 to 1778, state senator, first to thirteenth sessions inclusive, 1777 to 1792; city receiver from 1778 to 1779; first postmaster of Albany, 1783, and delegate to continental congress, 1781 to 1788. He married Antje De Redder. He is buried in Albany Rural cemetery.
- Peter, baptized January 8, 1727; married Sarah Van Alsteyn.
(III) Joseph (2), eldest son of Christoffel and Cataleyntje (Winne) Yates, was baptized in Albany, April 20, 1707, and about 1734 settled in Schenectady, where he owned a plantation reaching from Aesplaus [Aelplaus?] creek to Freemans bridge, and was the largest slave owner in the county. He married, January 17, 1730, Eva, daughtex of Jellis Fonda. Children:
- Catalyna, baptized January 17, 1731, in Albany; married Cornelis Peek.
- Rachel, baptized May 7, 1733, in Albany; married Cornelis Barheit.
- Huybertje, baptized June 15, 1735; married Samuel S. Bratt.
- Christopher (colonel), of further mention.
- Tarineke; baptized April 29, 1739; married Colonel Cornelis Van Dyck.
- Eva, baptized October 4, 1741; married Johannes H. Peek (2).
- Gillis (Jellis), baptized April 22, 1744; married Ariantje Bratt, March 16, 1768.
- Annatje, baptized October 5, 1746.
(IV) Christopher, commonly called "Colonel Stoeffel," eldest son of Joseph (2) and Eva (Fonda) Yates, was born July 8, 1737. He was a surveyor by profession, served as captain under Sir William Johnson and was wounded, was lieutenant-colonel of Second Regiment, New York troop, under Colonel Abraham Wemple, was detached as assistant deputy quartermaster-general under General Philip Schuyler and as a member of his staff with him at Saratoga, when Gates took command, and "one of the best informed and most efficient patriots of the Mohawk Valley." He was a member of the provincial congress of the committee of public safety and of the first board of state regents. He married, October 16, 1760, Jannetje, daughter of Andries Bratt. Children:
- Eva, baptized February 14, 1762.
- Elisabeth, baptized May 7, 1763; married Jillis Fonda.
- Eva, baptized January 13, 1764; married William Johnson Butler, of Niagara.
- Helena, baptized November 16, 1766; married Colonel McDonald, of the British army.
- Joseph, born November 9, 1768, died March 19, 1837, full of honors and with a state wide reputation for industry and integrity; he was an attorney-at-law with an extensive practice; was the first mayor of Schenectady, a state senator in 1807, judge of the supreme court in 1808 and governor of New York from 1823 to 1824; he married (first) September 30, 1791, Ann, widow of James Ellice; (second) Maria, daughter of John Kane, of Schenectady; (third) Elizabeth, daughter of John De Lancey, of Westchester county. He had no male issue but daughters,
- Helen Maria, married John Keyes Paige;
- Anna Alida, married John D. Watkins, of the state of Georgia;
- Jane Josepha, married Samuel Neil, of New York.
- Henderieus [Hendericus?] (Henry), born October 7, 1770, died in Albany, March 20, 1854; he was an attorney-at-law, several times state senator, member of the council of appointment; he married, October 24, 1791, Catharine, daughter of Johannes Mynderse; she died in New York, September 28, 1841, aged sixty-nine years. Children: Henry Christopher, Edward, Stephen, Charles, all graduates of Union College, and Mary and Jane Anne.
- Anreas [Andreas?] (Andrew), of further mention.
- Annatje, baptized March 12, 1775, died April 17, 1851, unmarried.
- Catarina, baptized October 12, 1777.
- Jillis, baptized February 1, 1784.
- Johannes (John), baptized February 1, 1784; was a graduate of Union College (1802), lawyer, captain of a company of horse artillery in war of 1812, aide-de-camp on staff of Governor Tompkins, member of fourteenth congress, 1815 to 1816, from Schenectady district; he settled in and practiced law at Utica, New York, and later at Chittenango, and was appointed by Governor Tompkins sales manager of the "Literature Lotteries" of the state of New York, and removed to New York City, remaining until 1825, when he returned to Chittenango where he owned two thousand acres of land, with flour mills, saw mills, lime and plaster mills, woollen factory, dry dock and yards for building and repairing boats, polytechnic school and many residences and buildings. He was deeply interested in the building of the Welland canal and by a large investment and his great personal influence and exertions carried it into successful operation. In this he was largely aided in England by the Duke of Wellington. He was an early and devoted friend of the Erie canal and all enterprises devoted to public purposes. He served far many years as county judge of Madison county, and at his death was judge and member of the New York assembly.
(V) Rev. Andrew, son of Colonel Christopher and Jannetje (Bratt) Yates, was born January 17, 1773, died at Day, Saratoga county, New York, October 14, 1844. He was highly educated and continued the profession of an educator with that of the ministry, being a man of much study and literary attainments. He was a minister of the Dutch Reformed church, possessed of eminent piety and a true friend of feeble church organizations. Without great sensational eloquence he was a sound divine and preached with great power. He was a graduate of Yale College (1793) and studied theology under Professor John H. Livingston, D.D.S.T. He was Professor of Latin and Greek in Union College from 1797 to 1801, and pastor of the East Hartford Congregational Church from 1801 to 1814. Professor of Mental and Moral Philosophy in Union College from 1814 to 1825, and principal of the Polytechnic in Chittenango from 1825 to 1836. He married (first) Mary Austin; (second) Hannah A. Hocker, who died October 22, 1859, aged seventy-six years. Children of first wife:
- Christopher, born August 3, 1798, died young.
- John Austin, of further mention.
- Andrew J., graduate of Union College, died August 8, 1856.
Children of second wife:
- James Hooper, born October 9, 1815, graduate of Union College, died 1861.
- Christopher, February 12, 1818.
- Helena, September 1, 1819.
- Joseph, May 20, 1821.
- Ann Elizabeth, baptized August 18, 1822.
(VI) John Austin, son of Rev. Andrew and Mary (Austin) Yates, was born May 31, 1801, died August 27, 1849. He was a graduate of Union College, class of 1821, and from 1823 until the time of his death was professor of Oriental Literature in that institution. He was a man of fine qualities and a noted orator. He married Henrietta Cobb. Children:
- Mary A., married John De Lancey Watkins.
- John B., born 1834, died October 13, 1899; colonel of First Michigan Engineers under General William T. Sherman, superintendent of railroads in Tennessee under President Andrew Johnson, and division engineer of New York state canals.
- Austin A., of further mention.
- Arthur R., born October 20, 1838, died November 4, 1891, within a short time of being raised a rear admiral and aide to Admiral Farragut, and by him favorably mentioned in his report; as a result he received the thanks of congress for delivering messages to the admiral; he was a captain in the United States navy.
(VII) Judge Austin A. Yates, son of Professor John Austin and Henrietta (Cobb) Yates, was born in Schenectady, New York, March 24, 1836. After a preparatory education he entered Union College, and was graduated from that historic institution, class of 1854, with the degree of A.B. He embraced the profession of law and after thorough preparation was admitted to the bar in 1857. He at once began the practice of his profession in Schenectady and has since continued except when engaged in public duty. For a time he was editor of the Schenectady Daily News. During the civil war he raised and commanded a company, and at the close of the war was breveted major for "gallant and meritorius conduct." He was in command of the company upon whom devolved the duty of hanging the assassins engaged in the plot to murder President Lincoln and his principal cabinet officers. This company was Company F, Fourteenth Regiment, United States Volunteer Reserves. In 1867 Major Yates was elected district attorney of Schenectady county and re-elected in 1871, but resigned in 1873 after his election to the office of county judge. In 1879 he received the appointment of attorney to the insurance department by the state superintendent of insurance. In 1887 and 1889 he was a member of the New York house of assembly. When the war with Spain was beginning Major Yates went to the front with the second Regiment, New York Volunteer Infantry, serving until the regiment was mustered out. In 1900 he retired from office upon his own application. He is learned in the law and stands high in the estimation of his brethren of the bar. Different state departments have retained him as attorney in important cases, while as county judge he received high commendation. He is well-known as a strong writer and speaker, a close student of history, and has written much of the early days and is the author of a "History of Schenectady" (1902) [i.e., Schenectady County, New York: Its History to the Close of the Nineteenth Century]. He is now living a practically retired life in Schenectady.