USA > New York > Suffolk County > East Hampton > Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume IV > Part 1
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Go 974.702 Ea774r v.4 1734-1849 1248230
GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01147 9166
Digitized by the Internet Archive in 2015
https://archive.org/details/recordsoftownofe04east
RECORDS
-OF THE- -
TOWN OF EAST-HAMPTON
LONG ISLAND, SUFFOLK CO., N. Y.
1734-1849
VOLUME IV.
SAG-HARBOR: J. H. HUNT, PRINTER.
1889.
1248230
CLERK'S CERTIFICATE. ---: 0 :- -
This is to certify that I have myself compared this volume four, of the printed Records of the Town of East-Hampton, N. Y., or caused it to be compared, with the original manu- seript Records in my office, and that the printed copy is the same as the original, eratta excepted, and except that the old style of spelling and use of capitals has not been followed, and that abstracts have been made of many deeds written after the old, long and technical form ; but in all these cases the fact is indicated that only abstracts are printed ; they, however, give all names, dates, amonnts, boundaries, and the manner of execution as in the original entries.
JOSEPH S. OSBORNE,
Town Clerk.
East-Hampton, N. Y., November 13th, 1889.
fordspeed. 45.00
This volume includes the records from 1734 to 1849, in- clusive, transcribed under direction of committee appointed to reproduce the Records, by Town Meeting, April 3, 1883, with an Introduction by Hon. H. P. Hedges, published at the expense of the Town and by its authority.
JONATHAN T. GARDINER, JONATHAN BAKER, JOSEPH S. OSBORNE,
Committee.
PREFACE.
--: 0 :--
These Records have been copied by and under direction of the Committee, and while they are not verbatim et literatim, they correspond with the original, except that the old style of spelling and use of capitals have not been followed.
This volume includes the records from 1734 to 1849, in- clusive. The material is arranged chronologically, when dated, where practicable, and when otherwise it has been disposed as circumstances indicated to be proper. Abstracts are noted.
JONATHAN T. GARDINER, JONATHAN BAKER, JOSEPH S. OSBORNE,
Committee,
INTRODUCTION.
The events of the century covered by this volume of the records are noticed in newspapers, magazines, histories and laws. They are perpetuated in the memorials of courts, of churches, of cities. They are recorded in cemeteries on the headstones of graves and in enduring monumental structures. The rude currency of coin or paper that circulated tells of Finance. The ponderous furniture tells of honest mechanism. The massive chimney and fireplace of the abounding forest, the wide oven's mouth of abounding sustenance, "the moss- covered bucket that hung in the well" of simple tastes, the tinder box and steel of rude invention, the tallow dip candle of limited discovery. The spinning wheel, large and small, sung the song of industry. The reel and swifts, the hatchel and crackle, the shuttle and loom told the tale of household manufacture. The trencher and keeler and pipkin and piggin and noggin revealed the prevailing frugality of home life and paucity of foreign manufactures. The powder horn and shot bag, the old king's arm and the old flint lock tell of an age fled forever. These memorials of the early and even the later years covered by this volume, had but just gone out of practi- cal use at its close. No introduction can minutely remind the reader of the many events occurring in this hundred and fif- teen years. The stream of history runs rapid. Like the descending current of a mighty river we get a glimpse of some cliff, some bank, and are swiftly borne to another eleva- tion ; to some other point, or other view. Change follows change, scene succeeds scene until the objects multiply indefi- nitely and swiftly obscure each other by their multitude. Although this volume reaches to the age of steamboats, of friction matches and the beginning of anthracite coal and
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INTRODUCTION.
railway travel, yet it does not reach or far extend beyond the time when the sickle and scythe had fallen before the con- quering march of the reaping and mowing machines, when the horse rake had superceded the handrake ; when the horse power was threshing the grain, which by the human arm had been slowly pounded out with the flail; when ocean steamers chased the surging billow from the shore of one continent to another ; when petroleum had come to light the world ; when the telegraph and telephone had the ear of man. Hard, grinding labor still laid his exacting hand upon the masses of mankind and claimed them for his own. The wood that warmed, the whale oil lamp or tallow candle that lighted the homes of this fair land, the food that fed the household, the coarse homespun garments that protected the person from cold in winter and unseemly exposure in summer, were ob- tained at the cost of almost unceasing toil. The range of the newspaper, how narrow; the time and ability of the masses to purchase and read its issues how limited ! Human com- fort, instruction and culture were rare and costly. The gifted and resolute and ambitious overcame. The weak, the unde- cided, the unsusceptive overcame not.
The wars of England with Spain began Oct. 23d, 1739, her war with France commencing in 1744, in which Louis- burgh was captured in 1745, her later French and Indian war begun in 1755, the wars with England, of the Revolution, and of 1812 all pour their ensanguined tide in the historic stream running through this volume.
ALLOTTMENT OF LANDS.
The preference for individual over joint and common im- provement of undivided lands is often and clearly shown in this volume. Long before its close the last allottment of undivided lands within the town purchase had been made. They were all made to the commonage owners according to their several interest and amount of acreage therein. They
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INTRODUCTION.
were all based upon the equitable ownership and acreage of commonage held by individuals entitled thereto. They were called ten, five or three acre divisions according to the num- ber of acres of undivided lands allotted to each acre of com- monage. These divisions and all of theni were made as to in- dividuals of right ; as such entitled to individual, and varying proportions and in no respect made as of corporate or town property. History clearly shows and the facts show this even if judges or courts decide otherwise. By the patent of Dongan, lands " not appropriated to any particular person or persons " were confined to " such as have been purchasers thereof and their heirs and assigns forever in proportion to their several and respective purchases thereof made as tenants in common," &c. The allottments followed this language of the Patent, (See Vol. II, p. 19S), and never proceeded on the theory that the undivided lands were town or corporate prop- erty, but always individual undivided property owned by the purchasers thereof in proportion to their several purchases.
David Gardiner, lawyer, statesman and historian, the ac- complished author of the "Chronicles of East-Hampton," than whom no better authority can be cited, takes this view of the construction of the Patent in the Chronicles, p. 67, and on . page 40, declares "the lands which still remain undivided were not considered of much value. They are all held in tenancy in common and are subject yet to allottment among the heirs or assigns of the original purchasers whenever any of them may require it"-and see introduction to Vol. I of Records, p. 10 and 11, and introduction to Vol. II of Records, pp. 5, 8, 9. In the 49 lots made and drawn for June 4th, 1736, called the ten acre division because ten acres of land was allotted to one acre of commonage, and in all subsequent and preceding divisions, this acreage of commonage was the measure and gave name and amount to the lands divided. The divisions recorded in this volume are nearly as follows :
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INTRODUCTION.
Ten acre division, June 4th, 1736, p. 17 to 27, a little over 7,000 acres.
Five acre division, Feb. 6th, 1739-40, p. 64 to 81, a little over 31,00 acres.
Five acre addition, Feb. 6th, 1739-40, p. 86 to 96, a little short 600 acres.
2d five acre division, Feb. 6th, 1739-40, p. 96 to 110, a lit- tle over 2,800 acres.
Three acre division, March 30, 1747, p. 138 to 160, a little short 1,800.
Thus over 15,000 acres were allotted in the years com- mencing in 1736 and ending in 1747, when the last called, the three acre division, was made. Efforts since made to com- plete and perpetuate the list of commonage owners by com- mittees thereto appointed have been unavailing, and the town Trustees seem to have claimed title to all the yet undivided lands in the town purchase, the value whereof was reckoned so small as to create little or no opposition or adverse claim. (pp. 82, 305, 308, 312.)
MARKS.
A large portion of the wealth and means of subsistence of the people of the town consisted in their cattle, sheep and horses. They were chiefly pastured on the peninsula of Mon- tauk where were kept some 2,000 cattle, 3,000 sheep, and many horses. Necessity required the ownership to be desig- nated by ear marks, and hence these, like trade marks having value, became a species of property, the subject of town rec ord. Among the first gifts of parents to sons was an ear mark entered of record.
Montauk was some ten miles long, contained from 9,000 to 10,000 acres, was well watered, well adapted to pasturage, required little fence, and was desired as a valuable acquisition to the town territory at an early date. In 1658 an agree- ment with the Indians was made to secure the pasturage. In
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INTRODUCTION.
1660 and 1661, after the overthrow of the Montauks by the Narragansetts, and the flight for refuge at East-Hampton, title was acquired to the "Hither End." In 1670 title was acquired to a tract between Fort Pond and Great Pond. In 1686 the remainder was acquired, subject to certain reservations and Indian rights. It was a valuable addition to the agricul- tural value of the town territory. Its improvement was reg- ulated by a system of rules appropriate, and so peculiar that Chancellor Sandford, a proprietor, declared his inability to understand them. It remained undivided, and owned chiefly by the farmers of East Hampton and Bridge-Hampton, until the year 1879, when by partition sale it passed to the purchaser and present owner, Arthur W. Benson.
LEGISLATION.
The reader of these records will not fail to see the legisla- tive power actively working in town meetings, in the meet- ings of the proprietors of the undivided lands, in the meetings of the proprietors of Montauk, and of the Trustees of the town. As late as 1751 the town was infested with wild cats i.nd an ordinance thereof fixed a bounty to be paid as a pre- mium for their destruction, (see pp. 167-176.) The scope of legislation was wide, varied, penal, permissive, prohibitory, and embraced within its sphere both church and state. Tres- pass on the undivided lands at home, at Napeague or Mon- tauk, was restrained, (pp. 255 262, &c.) Non-residents of the town were subject to a penalty for taking eels, fish or clams within its waters, (pp. 248-266, &c.)
The pews, not heretofore hired, about 1799 were rented, (p.809, &c.) The tything men were chosen to preserve order in the church, especially among the irrepressible youth, (pp. 320-320, &c.) The town meeting fixed the minister's salary, (320-325) defined the seats for singers, (320-335) chose the chorister and his assistants. The vote of 1302 directing that "Joseph Dimon be principal chorister and David Talmage 3d,
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INTRODUCTION.
David Sherril, David Hedges, Jr. and Isaac Dimon, Jr., be assistant choristers," seems like modern history to those who yet remember the same, and the melodious and mysterious pitch-pipe used by the principal chorister, who fairly earned the Sunday dinner voted him, (pp. 396-402.)
In 1785, in the excitement of the moment probably, over the loss of many sheep, and moved by the indignant eloquence of some sufferer, the good people of the town voted "that all the dogs in the town be immediately killed," p. 247. Yet notwithstanding the narrowness shown in legislating to pro- hibit the export of clams, the fiery excitement expressed in the resolve that all dogs be "immediately killed," the invasion of the sphere of church action in choosing "tything men" and "choristers" and "singers' seats," and renting pews and fixing the minister's salary, in the main ends sought the legislation was appropriate, effective, judicious and of itself a school of instruction. We learn to swim by swimming, and as truly to legislate by legislating.
In all these records the action of the town as a unit by vote to enact, to execute and enforce laws, stand out in bold relief. Self-government thus began, thus progressed, thus learned to act by acting, to govern by governing, until every town in this country contained within itself the indestructible elements that, grew into national union and independence. If the ag- gregation of our population in cities shall continue, if in place of government by towns be substituted the government by counties and cities by boards of Supervisors and boards of Aldermen, if the governing power be removed from the peo- ple in towns and delegated to Councils and Boards as is now being done it may be questioned whether the people are thereby best educated for self-government. The diminishing power of rural life and the overshadowing power of city life in legislation is yet to be proved for the perpetuity of Freedom.
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INURODUCTION.
THE REVOLUTION.
After the Battle of Long Island, 28th August, 1776, East- Hampton and all the Island fell within the lines of British oc- cupation and under that rule. The records would be open to inspection and all expressions therein hostile to the royal power would incur the censure of the military authorities. Those occurring before would naturally be concealed or erased. Thereafter, until November 25th, 1783, when New- York was evacuated, none would be permitted. Hence the absence on the records of such allusions. Yet we know by the records of the Provincial and Continental Congress, and other sources, that the freemen of this town unanimously ad- vocated the patriot cause, sustained and sympathised with their countrymen in Boston and elsewhere, fought for their liberties on land and sea, the most active in the Revolution sometimes taking refuge in the continental army or the towns in Connecticut, and thence sometimes as privateers contribut- ing gallantly to the cause of freedom. East-Hampton nur- tured no Tory and no drop of Tory blood, (see Onderdonk's Rev. Incidents of Suffolk Co., pp. 14, 19, 20, 22, 24, 25, 26, 27, 29, 43, 45, 46, 47, 48, &c.)
The presence of the portion of the British forces quartered in Sag-Harbor and the Hamptons was a standing menace, their conduct exasperating, their language provoking, their incessant pillaging a burden, their insults a trial, their brutal- ity a grievance. The people of East-Hampton, not without cause, held them in utter loathing and abhorrence. The dis- cipline and conduct of the officers and men on the fleet in Gardiner's Bay was more respectful. Between the people and them visits were exchanged and social civilities were not unfrequent. At Col. Abraham Gardiner's a company of the officers of the British fleet on one occasion dined, there meet- ing some young ladies of East-Hampton. Until recently one of the two large black walnut tables on which the provision
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INTRODUCTION.
was laid, was retained in use. There is a tradition that the carver at this dinner asked the ladies to what they would be helped. The first one asked replied "a wing." The others, in unthoughtful diffidence, continued to answer "a wing," un- til the carver seeing the supply short of the demand, said, "Madam, you will please understand that the fowl is not all wings." That was the age of the Eagle, this of the Dove. The sweet peace with soft wings that now reigns would not reign had that age nurtured no resolute, fiery and masterful souls. The spirit of Cromwell and his avenging Ironsides lived in the Revolutionary regiments, panted for the field of conflict, exulted in the fight for freedom, shouted its battle cry-Independence. If the way to freedom was laid only through war, who shall say that their wrath was wrong and that being angry they sinned, or that their avenging justice was not a baptism from on high ? Thank God that no weak sen- timent, no illusive hope, no deceitful promise unnerved their arm or stayed their march, until they stood on the mount of Independence in the citadel of Freedom.
CHRONOLOGY.
In 1752, by act of Parliament, eleven days were dropped between the 2d and 14th of September, and the year was to commence Jan. 1st and not March 25th, as before. In re- ducing old style to this new style add ten days from 1500 to 1700 and eleven days from 1700 to 1752. March in old style was the 1st and June the 4th month, &c. In writing the year 1753, or other years preceding or succeeding, the bot- tom figures represent the actual year as we reckon and the only figures to be read.
GARDINER'S ISLAND.
Gardiner's Island was originally an independent Manor or Lordship whose proprietor had power to hold courts and main- tain authority over his territory, by grant from royal authori- ty. When Gov. Dongan, in 1686, proposed to annex this
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INTRODUCTION.
Island to the town of East-Hampton the remonstrance of the proprietor availed to prevent it and a confirmatory patent, from the Governor continued his title and rights to his Lord- ship. By act of the Senate and Assembly of New-York, passed 7th March, 1788, it was annexed probably without op- position to this town. The Manorial and Lordship incidents conferred by royal patent fell with the royal authority at the revolution and the ancient inheritance from Lion Gardiner became a part of the great Republic and its proprietors, de- scendants of his honored stock, ardent advocates of the free institutions of their country.
This volume commences some twelve years before minister Huntting vacated the pulpit, and nineteen years before he was laid in his grave. He was mild in manner, social in dis- position, kind of heart, generous in feeling, profound in schol- arship, logical in argument, dignified in demeanor, retiring in deportment, consecrated to the great work of the ministry ; and in the warmth of his affection, the wealth of his tender- ness, the sensibility of his soul, a fitting friend and guide to his people. He died Sept. 21st, 1753, some seven years after he had resigned the active duties of the pastoral relation in which he had served the Master fifty years.
This volume covers the whole fifty-two years of the minis- try of Samuel Buell, D. D., from Sept. 19th, 1746, when he was installed, to July 19th, 1798, when he died. Ardent, earnest, imaginative, active, shrewd, positive, social, hospita- ble, cheerful, observing, magnetic within and without the pulpit, he was a living force long impressed upon the church and people of this town. He enlarged their views, elevated their thoughts, purified their purposes, inspired to intellectual culture, to more thorough education, to higher devotion of the heart, to nobler ends in life. His fervent eloquence, his spark- ling wit, his wide learning, his genial manners, his ready re- partee, his hunting feats, his fearless riding, his indomitable
-
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INTRODUCTION.
energy, his flow of anecdote, and variety of experience-all these are historic. But for him Clinton Academy had not been.
Lyman Beecher, D. D., of world-wide fame, successor of Minister Buel, and preaching here soon after his decease, was ordained over the church, Sept. 5th, 1799, and remained un- til 1811. At this time in . East-Hampton were many gifted men, thoughtful, inquiring, well read, argumentative, logical, of powerful mind, some of whom were his near neighbors. Of this number were Abraham Parsons, Town Clerk, Justice and School Teacher, Jonathan S. Conkling, afterwards state Senator and first Judge of the County; Abel Huntington, M. D., Jonathan Dayton, David Gardiner, David Hedges, Jr., and others with whom Beecher often conversed and argued on questions connected with his sermons. The writer has been told that Beecher thus arguing sometimes met nearly if not quite his match, and in later life attributed his facility in debate and illustration to this early experience.
This volume extends over the ministry of the grave, sedate and learned Ebenezer Phillips, ordained 5th May, 1811, re- signed March 16th, 1830. In the utterance of admonition Phillips was unexcelled. On a Sabbath morning, after two Deacons of his church had engaged in a contest at law, he read for the morning lesson Chap. 6 of 1st Corinthians, com- mencing, "Dare any of you having a matter against another go to law before the unjust and not before the saints." Pos- sibly some aged hearer may still recall the emphasis expressed in the utterance of "Dare," deep, prolonged, terrific, rever- berating, inimitable, as the roar of "Jupiter Tonans."
This volume covers the ministry of the sweet and sainted Joseph D. Condit, from 5th Sept., 1830 to April 2d, 1835. It reaches over the ministry of Samuel R. Ely, D. D., as stated supply from 1935 to 1846, whose genial ways, social fondness, fatherly care and abounding love still linger in the
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INTRODUCTION.
memory of his flock. It covers the short ministry of Alexan- der Bullions, 1846-184S, and almost all that of Samuel Hunt- ting, begun in 1848 and closed in 1849 by his lamented death. The stream of history running through this volume measured by the career of the many eminent men who lived and died within its years seems still more long and rapid.
Eleazar Miller, grandson of John, the first settler, elected member of Assembly in 1748, re-elected continuously until 1769, was thence called "Assemblyman Miller." In the latter year, after a warm contest, Col. afterwards Gen. Woodhull, of sad Revolutionary fame, secured the majority for Assembly over Miller. This useful, hospitable, prudent patriot and venerable legislator died March 15th, 178S, aged over 91. Doctor Nathaniel, son of Coi. Abraham Gardiner, surgeon in the army of the Revolution, represented this County in the Assembly in 1786, S9 and 90. Thomas Wickham, (Capt. of a privateer in the Revolution) was Assemblyman in 1800-1-2. Jonathan Dayton in 1803-5.S. Jonathan S. Conkling in
1811-14. Abraham Parsons in 1817-20. Dayton and Conk- ling were subsequently in the State Senate. The writer well remembers these two representatives and others in public life fifty years and more by gone-men of mark, known in the councils of the State and Nation as David Gardiner, father of Mrs. President Tyler and author of the "Chronicles" men- tioned, Abel Huntington, M. D., David Hedges, Jr., Josiah C. Dayton, Samuel Miller, and many more, men of strong in- tellect, practical judgment, independent thought and personal power among the distinguished minds of the Nation. Fifty years since few streets, even in the great cities of the land, presented a brighter constellation of minds than East-Hamp- ton Main street. In her palmy days it may be doubted if the Senators of East-Hampton would compare unfavorably with the illustrious Senate of the Roman Republic.
The instruction and teaching of her brilliant line of minis-
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ters and statesmen may well be summed up in the words of Josiah Quincy, of Boston : " Human happiness has no perfect security but freedom ; freedom none but virtue; virtue none but knowledge; and neither freedom, nor virtue, nor knowl- edge has any vigor or immortal hope except in the principles of the Christian faith and the sanctions of the Christian re- ligion."
By the munificence of the Town of East-Hampton her an- cient records for two hundred years are rescued from oblivion and perpetuated in print, to be an imperishable legacy of in- struction and light to the world.
Since 1849, when by invitation the writer delivered the Historical Address commemorating the bi-centennial of the settlement of his native town, forty years have gone. By the partiality of his townsmen he has been invited to write and permitted in old age to complete with his own hand, in- troductions to the former three and to this fourth volume of printed records. Thanks to them. Thanks to the "Power Supreme." For the good of his native town and native isle his heart until its last expiring pulsation will never cease to beat. For the culture of our youth, for the diffusion of knowledge, for the preservation of our traditions and history, for the perpetuity of our free institutions, his desire will never die. My native isle and native town, may they be forever free !
"Free as the winds that winnow Her shrubless hills of sand ; Free as the waves that batter Along her yielding land. Than hers at duty's summons, No loftier spirit stirs. Nor falls o'er human suffering A readier tear than hers. God bless the sea-beat Island, And grant forevermore, That Charity and Freedom dwell As now upon her shore."
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