A history of Lewis County, in the state of New York, from the beginning of its settlement to the present time, Part 2

Author: Hough, Franklin Benjamin, 1822-1885. dn
Publication date: 1860
Publisher: Albany : Munsell & Rowland
Number of Pages: 422


USA > New York > Lewis County > A history of Lewis County, in the state of New York, from the beginning of its settlement to the present time > Part 2


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II. And be it further enacted, That all that part of the faid county of


lake to the place of beginning. And we pray that all the tract of country lying within these boundaries may be established and organized into a sepa- rate county, and a site within the same appointed for a seat of justice at such place as you in your wisdom may deem best situated to promote the interests of the people and advance their prosperity. It appears totally superfluous to make use of many arguments to show the rectitude of the division lines pro- posed, for excepting the line between Ellisburgh and the 6th town in the Black river country it may with propriety be termed a natural boundary- between Malta and Adams the line is within a short distance of the south branch of Sandy creek whose course is marked by an impassable gulf for many miles in length ; on the east side of this county and between it and Black river the line is also marked by a continued chain of swamps, morasses and gulfs, and should the division line be established within 8 or 10 miles of those natural boundaries on either side it will require the aid of the legislat- ure at a future period to give that relief to the inhabitants that justice would demand. We therefore beg leave to refer you to a map of this county and rest fully assured that you will resist any arguments that may be adduced to effect a separation of any part of the aforesaid country where the interests of the people are so essentially connected. We conclude by renewing our request that your honorable body will take our case into consideration and grant us our prayer, and your petitioners as in duty bound will ever pray."


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Act of Organization.


Oneida, contained within the following bounds, to wit: Beginning at the foutheaft corner of the county of Jefferfon aforefaid, thence foutherly on the wefterly line of the town of Turin, to the fouthweft corner thereof ; thence eafterly, along the fouth line of faid town, to the foutheaft corner thereof; thence north fixty-two degrees eaft, along the foutherly line of the tract of land known by the name of Macomb's purchafe, to the line of the county of Herkimer ; thence north, along the faid laft mentioned line, to the bounds of the county of St. Lawrence; thence along the fouthwefterly line of the faid laft mentioned county to the line of the faid county of Jefferfon, and thence along the foutherly and eafterly bounds thereof to the place of beginning, fhall be and hereby is erected into a feparate county by the name of Lewis.


III. And be it further enacted, That all that part of townfhip number nine, which is comprifed within the bounds of the faid county of Jefferfon, fhall be annexed to and become a part of the town of Har- rifon, in faid county ; and that all that part of the faid townfhip number nine, comprifed within the bounds of the faid county of Lewis, shall be annexed to and become a part of the town of Harrifburgh in faid county.


IV. And be it further enacted, That there fhall be held in and for the faid counties of Jefferfon and Lewis, refpectively, a court of common pleas and general feffions of the peace, and that there fhall be two terms of the faid courts in each of the counties refpectively in every year, to commence and end as follows, that is to fay : The firft term of the faid court in the faid county of Jefferfon, fhall begin on the fecond Tuefday of June in every year, and may continue to be held until the Saturday following inclufive; and the fecond term of the faid court in the faid county of Jefferfon, fhall begin on the fecond Tuefday of December, in every year, and may continue to be held until the Saturday following inclufive ; And that the firft term of the faid court in the county of Lewis, fhall begin on the faid firft Tuefday of June in every year, and may continue to be held until the Saturday follow- ing inclufive, and the fecond term of the faid court in the faid county of Lewis, fhall begin on the firft Tuefday of December, and may continue to be held until the Saturday following inclufive ; and the faid courts of common pleas and general feffions of the peace shall have the fame jurif- diction, powers and authorities in the fame counties refpectively, as the courts of common pleas and general feffions of the peace in the other counties of this ftate have in their refpective counties ; Provided always, That nothing in this act contained, fhall be conftrued to affect any fuit or action already commenced or that fhall be commenced before the firft terms to be held in the refpective counties of Jefferfon and Lewis, fo as to work a wrong or prejudice to any of the parties therein, or to affect any criminal or other proceedings on the part of the people of this ftate, but all fuch civil and criminal proceedings fhall and may be profecuted to trial, judgment and execution as if this act had not been paffed : And provided further, That the firft of the faid courts in each of the faid counties, fhall be held on the fecond Tuefday of December next.


V. And be it further enacted, That three Commiffioners fhall be ap- pointed by the council of appointment, who fhall not be refident in the


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10


Act of Organization.


weftern diftrict of this ftate, or interested in either of the faid counties of Jefferfon and Lewis, for the purpofe of defignating the fcites for the court houfes and gaols of the faid counties refpectively, and to that end the faid commiffioners, fhall as foon as may be, previous to the firft day of October next, repair to the faid counties refpectively, and after exploring the fame afcertain and defignate a fit and proper place in each of the faid counties for erecting the faid buildings; and that until fuch buildings fhall be erected and further legiflative provifion be made in the premifes, the faid courts of common pleas and general feffions of the peace fhall be held at fuch place in each of the faid counties neareft and moft con- tiguous to the places defignated as the fcites for faid buildings, as the faid commiffioners or any two of them fhall determine and fix on; and the faid commiffioners or any two of them are hereby required as foon as they have defignated the places for erecting the faid buildings, and determined on the places for holding the faid courts, to make out and fign a certificate certifying the places defignated for erecting the buildings, and the places fixed on for holding the courts in each of the faid counties, and to tranfmit one of the faid certificates to each of the clerks of the refpective counties who are required to receive and file the fame in their refpective offices ; and that the faid commiffioners fhall be entitled to receive each the fum of four dollars per day, for the time they may be neceffarily employed in executing the trufts repofed in them by this act, the one moiety thereof to be paid by each of the faid counties.


VI. And be it further enacted, That the freeholders and inhabitants . of the faid counties refpectively, fhall have and enjoy within the fame all and every the fame rights, powers and privileges as the freeholders and inhabitants of any other county in this ftate are by law entitled to have and enjoy.


VII. And be it further enacted, That it fhall and may be lawful for all courts and officers of the faid counties of Jefferfon and Lewis refpec- tively, in all cafes civil and criminal to confine their prifoners in the gaol or gaols of the county of Oneida until gaols fhall be provided in the fame counties refpectively, the said counties paying each the charges of their own prifoners.


VIII. And be it further enacted, That the diftribution of reprefenta- tion in the affembly of this ftate, shall be three members in the county of Oneida, and one in the counties of Jefferfon and Lewis and St. Law- rence, any law to the contrary notwithftanding.


IX. And be it further enacted, That no circuit court, or courts of oyer and terminer and general gaol delivery, fhall be held in either of the faid counties of Jefferfon and Lewis, until the fame fhall, in the opi- nion of the juftices of the fupreme court, become neceffary.


X. And be it further enacted, That the faid counties of Jefferfon and Lewis fhall be confidered as part of the weftern diftrict of this ftate, and alfo as part of the fifteenth congreffional diftrict, and that as it refpects all proceedings under the act, entitled "An act relative to diftrict attornies, the faid counties fhall be annexed to and become part of the diftrict now compofed of the counties of Herkimer, Otfego, Oneida and Chenango.


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Act of Organization.


XI. And be it further enacted, That as foon as may be after the firft Monday of April, in the year one thoufand eight hundred and fix, the fupervifors of the faid counties of Oneida, Jefferfon and Lewis, on notice being firft given by the fupervifors of the faid counties of Jefferfon and Lewis, or either of them for that purpofe, fhall meet together by them- felves, or by committees appointed by their refpective boards, and divide the money unappropriated belonging to the faid county of Oneida, previous to the divifion thereof, agreeable to the laft county tax lift.


XII. And be it further enacted, That the votes taken at the election in the faid counties of Jefferfon, Lewis and St. Lawrence fhall be re- turned to the clerk of the county of Jefferfon, to be by him eftimated and difpofed of as is directed by the ftatute regulating elections.


XIII. And be it further enacted, That all that part of the town of Leyden remaining in the county of Oneida, fhall be and remain a fepa- rate town by the name of Boonfville, and the firft town meeting fhall be held at the houfe of Jofeph Denning, and all the remaining part of the town of Leyden, which is comprifed within the bounds of the county of Lewis, fhall be and remain a town by the name of Leyden, and the firft town meeting fhall be held at the dwelling houfe of Hezekiah Talcott.


XIV. And be it further enacted, That as foon as may be after the firft town meeting in each of faid towns, the fupervifors and overfeers of the poor of the faid towns of Leyden and Boonfville, fhall by notice to be given for that purpofe by the fupervifors thereof, meet together and apportion the money and poor of faid town of Leyden, previous to the divifion thereof according to the laft tax lift, and that each of faid towns fhall thereafter refpectively maintain their own poor.


It will be noticed, that as originally bounded, the town of Pinckney was divided by a line running from the northwest corner of Montague, to the west angle of Denmark, and that east of the river the line was direct from the corners of Champion and Denmark, to St. Lawrence county, passing just south of Carthage, and including more than a quarter of the present town of Wilna. The town of Pinckney was brought entirely within this county upon its organiza- tion in 1808, and the line east of the river has since been twice amended, as stated in our history of Diana.


A concise notice of the man from whom the county derives its name, may interest its citizens.


MORGAN LEWIS, of Welch ancestry, a son of Francis Lewis, one of the signers of the Declaration of Independ- ence, was born in New York city, Oct. 16, 1754, graduated at Princeton College in 1773, and entered the law office of John Jay. In June, 1775, he joined the army before Bos- ton as a volunteer, in a rifle company of which he was chosen captain in August. In November he was appointed major of the 2d regiment of which John Jay was colonel, but as public duties withdrew the latter from the command


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Notice of Morgan Lewis.


it fell upon Lewis. In June, 1776, he accompanied Gen. Gates into Canada as chief of his staff, and was soon after appointed quarter-master-general for the northern depart- ment with the rank of colonel. In 1777 he was appointed to receive the British troops, surrendered by Burgoyne, and in 1778 he was sent with Gen. Clinton on an expedition up the Mohawk against a body of partizan troops under Sir John Johnson. In 1780 he accompanied Clinton to Crown Point to intercept the enemy who had made an incursion upon that frontier. At the close of the war he was appoint- ed colonel-commandant of a volunteer corps, and had the honor of escorting Gen. Washington at his first inaugura- tion as President.


In 1790 and 1792 he was elected to the assembly, in 1791 appointed attorney-general, and in 1804 elected governor for a term of three years. In 1810 he was chosen to the state senate by a larger majority than had ever before been given, and served four years. He was appointed quarter- master-general of the army of the United States April 3, 1812, and on the 2d of March, 1813, he was promoted to the rank of major-general.


The descent on Niagara in April, 1813, was planned and conducted solely by General Lewis, as Gen. Dearborn the senior officer was confined to his tent by indisposition. After the evacuation of Fort George, Gen. Lewis set off in pursuit, but when just arrived within sight he was recalled by a peremptory order from Dearborn. The next morning the latter ordered Generals Chandler and Winder to pursue the enemy, but upon coming up with them the latter con- sidering their situation desperate, turned upon their pur- suers. In the darkness, both of these officers fell into the hands of the enemy, and the American troops returned to Fort George. Late in the fall of 1813, Gen. Lewis accom- panied Gen. Wilkinson's inglorious expedition down the St. Lawrence. He continued in the service until disbanded in June, 1815, when he resumed the practice of his profes- sion. While on the Canada frontier he advanced large sums from his private means to pay the expenses of exchanged prisoners, at a time when drafts upon the government would not be received. His indulgence towards such of his tenants as had served during the war either as militia or in the regular army is especially worthy of record. The fol- lowing is a copy of an order sent to his agent for this purpose :


" Every tenant who has himself, or whose son living with and working for his father, has served in the course of the


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Decision of Commissioners.


last war, either in the regular army or militia, is to have a year's rent remitted for every campaign they have so served either personally or by substitute. A regular discharge during a campaign on account of sickness to be considered as serving a campaign."


A second order directed three years' rent to be remitted to every family who had a near relative killed or maimed during the war. Gen. Lewis married in 1777 Gertrude, fourth daughter of Judge Robert Livingston of Clermont, Manor of Livingston. This union lasted fifty-four years. He was a member of the New York Society of the Cincin- nati, and at the time of his death, which occurred in New York city April 7, 1844, he was president of that body. The general order issued upon this occasion, after enumerat- ing the prominent events of his life, closes as follows :


" His last appearance in public life was on the 22d of February, 1832, when at the request of the corporation of this city he delivered an oration in honor of General Wash- ington at the celebration of the centennial anniversary of his nativity. * His pure life and patriotic disinte- restedness are worthy of all imitation and a bright example to those who follow him, He has gone down to his grave in a good old age and the fullness of his honors, and his memory will ever be cherished and honored as one of the chosen band who were prompt to respond to the call of their country in the "time that tried men's souls," and as one of the chivalrous spirits who were found ready to endure the privations and dangers of the field in our second war of in- dependence. In all the relations of life he discharged his duties with fidelity and honor. He was a gallant soldier, an accomplished statesman, a kind parent, a benevolent man, and a good citizen."


The commissioners appointed under the fifth section of the act organizing the county, were Matthew Dorr of Chatham, Columbia county, David Rodgers of Washington county and John Van Benthuysen of Dutchess Co. The names of the council of appointment were at that time, John Schenck, Joshua H. Brett, Stephen Thorn and Jedediah Peck, of whom Thorn was an intimate personal friend of Walter Martin, through whose influence the appointments are said to have been arranged. It has been reported upon very reliable authority, that the driver of the coach, in which the com- missioners came in from Utica, overheard from their con- versation that the location of the seat of Lewis county was already decided upon, and that he made an affidavit to that effect.


14


County Buildings.


Whether the formation of the 26th brigade which imme- diately followed the division of the county, or the appoint- ment of Martin as brigadier-general, or the election of Stow to the twelfth congress, had any connection with the division of the county, we may not perhaps decide; popular tradition has associated these events, but no written evi- dence is known to exist. In 1805-6 the sum of $74 was paid to Dorr, a like amount to Rogers, and $82 to Van Ben- thuysen as compensation for their services in locating the county seat. The county drew $293.54, from Oneida in 1806.


CHAPTER II. COUNTY BUILDINGS.


The act erecting the county, made no provision for a court house and jail, beyond the designation of their site, and the expense of these was left at the request of the Den- mark convention till the end of five years. Mr. Martin had as early as 1803, began to grub up the stumps for the site of a court house, but upon being assured of the decision of the commissioners the measure was not pressed for some years. At Lowville, active efforts were at once made to secure if possible the location, and a wooden building was erected, with the design of offering it to the county for a court house, but failing in their enterprise, the citizens of that place converted the edifice into an academy.


The first session of the court of common pleas, was held at the inn of Chillus Doty in Martinsburgh, Dec. S, 1805 ; present, Daniel Kelley, Jonathan Collins and Judah Barnes, judges, and Asa Brayton, assistant justice. This court adopt- ed as the county seal, the design figured at the head of the first chapter in this volume, proceeded to draft a system of rules for the regulation of its business, and established the jail liberties of the county.


The jail liberties, although not peculiar in their day, or essentially different from those of other counties, will doubt- less be considered by many as a curious illustration of the absurd legal form and usages of the olden time, and as be- longing to a barbarous period in the history of our penal code. The limits comprised the site of the court house, a path two feet wide across the street to the store opposite,


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County Buildings.


a path eight feet wide along the west side of the street to the premises of Chillus Doty, afterwards a brick tavern (including the store, the house, garden and front yard of Gen. Martin, and the house, garden, barn and shed of Doty) : a path eight feet wide from the middle of Doty's shed across to the premises of David Waters, with the house of Mr. Waters and a space eight feet wide in front and at the ends, and twenty feet wide in the rear, and a path eight feet wide northward to, and including the house of John Waters. These were subsequently extended to other houses, and finally included nearly every building in or near the village, from Foot's tannery on the north, to the inn then kept by John Atwater on the south, with narrow paths between, and crossing places at distant intervals. These liberties were duly surveyed and recorded, and the unlucky debtor who might find himself upon them, would need a sober head and steady eye to keep himself within the right angles which the court had so precisely marked out for his footsteps. An obstacle in the path might stop his course, or an inad- vertent step subject his bail to prosecution and himself to close confinement. In 1814 the jail liberties were extended from A. Foot's tannery to John Smith's hat shop, with a breadth of twenty-five rods, and since about 1822, they have embraced a square area of 500 acres around the court house. The boundaries where they crossed the public roads were designated by posts painted red, but these have long since rotted down and nothing indicates their locality. The county courts were held during nine terms at the house of Chillus Doty, and during the succeeding eight, at the house of Ehud Stephens. One term of the court of oyer and terminer was held by Judge Ambrose Spencer at the Lowville academy, previous to the erection of the court house.


In 1809 Gen. Martin undertook to raise means for the erection of a court house by subscription among his towns- men and those living south, leading off on the list with a liberal sum himself. The Lowville people were not indif- ferent to the movement and procured the signature of nearly every taxable inhabitant north of Martinsburgh, to a peti- tion against the final location of the courts on the site already designated.1


The petitioners indirectly charged the commissioners with having acted upon slight and superficial examination, appealed to the map, for proof that Lowville village was


1 A package of these papers has 682 names for and 474 against a change of site.


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County Buildings.


nearer the centre of the county, and to tax lists,1 military returns, and opinions of gentlemen who had travelled through the county and were acquainted with it, as evidence that more than two-thirds of the population lay north of the court house site. They stated the want of accommoda- tion in the little village where the site had been located as compared with the larger village of Lowville, and ask the legislature to fix by direct act, or appointment of sound and candid commissioners the county seat in what shall appear to be the centre of population; closing their memorial with the sentiment, "that however misrepresentation may suc- ceed, for a time justice and discernment may ultimately be expected of the legislature."


The remonstrants claimed by the map, that the centre of the county lay a mile south of the site, and showed by the tax list, that over $200,000 more of taxable property lay south of the court house.2 They denied the assertion that the southern portion of the county was incapable of tillage, and proved by affidavits that one principal cause of non- settlement was because the lands had not been opened for sale. They stated that nearly $2,000 had been subscribed in good faith for the erection of a court house as located by law, and claimed that justice entitled them to a con- tinuance of the site. These memorials led to the introduc- tion of a bill entitled " an act relative to the establishment of a scite for the courthouse and gaol in the county of Lewis," which failed to reach a third reading in the house. It was introduced by Dr. S. L. Mitchill of New York, as chairman of the committee to whom the subject was referred.


On the 30th of October, 1810, Gen. Martin engaged for $1500 to complete the court room like that of Jefferson county, and the jail like that of Salem, Washington county, and on the 1st of March, 1811, an act was passed for raising $1200 by tax in one or two years, and $300 by loan, to complete the building. The commissioners for building were Benjamin Van Vleck, Daniel Kelley and Jonathan Collins ; and the sheriff was directed to give public notice by proclamation when the work was finished and accepted. The first county courts were held in the new building Jan. 7, 1812, and prisoners who had previously been sent to Rome, were thenceforth lodged in the new county jail.


1 The assessment rolls of 1809 gave Leyden 137, Turin 167, Martinsburgh 126, Lowville 206, Denmark 169, Harrisburgh 82, and Pinckney 63 taxable inhabitants. Of these 630 were claimed north of the court house.


2 The valuation of 1809 was, Leyden $188,700 ; Turin $297,715.25 ; Mar- tinsburgh $70,921; Lowville $90,257; Denmark $83,556; Harrisburgh $29,405 ; and Pinckney $27,077.


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17


County Buildings.


These premises were nearly the same as those now in use, consisting of a large wooden building, with a court room and two jury rooms above, and three prison rooms, the sheriff's office and rooms for the jailor's family on the first floor. The front jail room has since been fitted up for the office of the county judge and surrogate, but otherwise there has been but little change. On account of the exposed sit- uation of the St. Lawrence county jail on the frontiers at Ogdensburgh, an act was passed April 6, 1814, authorizing the prisoners of that county to be confined in this. We are not aware that any were sent hither under this act.


In the fall of 1852, public notice was given of application for the removal of the county seat to Lowville or New Bre- men, and, in the hope of effecting this change, the citizens of Lowville proceeded to erect an elegant brick building for this purpose. The effort failed, and the structure is now used as a town hall. No serious expectation was perhaps entertained with regard to the New Bremen application.




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