A history of Long Island, from its earliest settlement to the present time, Part 162

Author: Ross, Peter. cn
Publication date: 1902
Publisher: New York ; Chicago : The Lewis Publishing Co.
Number of Pages: 1188

USA > New York > A history of Long Island, from its earliest settlement to the present time > Part 162

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The next lands that was laid out to the Owners, were the Salt Marshes in the various parts of the Town. The last of the Wood- land was allotted to the owners about 60 years ago.

Excepting the Indian Deed for the Town- ship, there is nothing of an earlier date on Record than the following :

"At a General Court holden at East Hamp- ton, March -7th 1650 [o. s.] It is ordered that . Ralplı Dayton is to go to Keneticut for to pro- cure the Evidence of our Lands, and for an acquaintance for the payment of our lands, and for a boddie of laws.

"It was alsoe ordered that any man have libertie to sett gunns for to kill wolves, but not within half a mile of the town" &c &c. "No man shall sett any gun, but he shall look to it while the stars appear, and take the gunn up by the sunrising, and no man shall sell any dog or bitch, young or ould, to any Indian upon the penaltie of paying of 30s."

Various town laws, similar to the above are on Record. They are styled "Orders." Many of them are relative to laying out vacant lands, making roads, destroying noxious ani- mals &c. in short, laws that were necessary in a new settlement.

The Indian Deed for the land is on Record. It is from the four Indian Sachems, Paggata- cut, of Manhansett : Wayandanch of Mianta- cutt : Momoweta of Corchaki: Nowedonah of Shinacock.

It is dated April 29th, 1648, and conveys the land, to the "Eastward of Southampton bounds, to the Worshipful Theophilus Eaton Esquire, Governour of the Colony of New Haven and the Worshipful Edward Hopkins Governour of the Colony of Conecticut and

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their assocyates . . . for and in consid- eration of 20 coats, 24 Looking Glasses, 24 hose, 24 Hatchets, 24 Knives, and one hun- dred Mucxs, already received by US, and re- serve unto ourselves free Liberty to fish in all the cricks & ponds, and hunt up and down in the Woods without molestation, giving the English Inhabitants noe just cause of offence : likewise are to have the fynns & tails of all Whales cast up, and desire they may be friend- ly dealt with in the other part alsoe to fish for shells to make Wampum of, and if the In- dyans, in hunting deer shall chase them into the water and the English shall kill them, the English shall have the bodie and the Sachem the skin." The witnesses were, Richard Woodhull, Thomas Stanton, Robert Bond, Job Sayre and Chectanoo (by his mark) the Interpreter.

There is recorded a receipt from Edward Hopkins to "Robert Bond-inhabitant of East Hampton for £34. 4. 8. being the amount of monies paid for the purchase of the Lands," and a certificate of the delivering of said Bond the writings of the said purchase and all the Interest that was thereby purchased dated 16th April 1651. On a blank leaf of one of the old Books of Records are seen these words "Robert Bond delivered unto the Govr for the purchase of our Lands, for the towns use the sum of f1. 3. 10. Robert Bond for his ex- penses, going to the Mayne land in the Town's service the sum is f1. 3s. 6d." It appears that the purchase was made by these two Gov- ernors in trust & in behalf of the Original Settlers of the Town.

The English & Natives appear to have lived on good terms. The lands on the East end of Long Island as well as the neighbour- ing Islands-Shelter Island, Gardiners Island, Plum Island & Fishers Island-were pur- chased of the Natives. Some French writer, I think Raynal, speaks in praise of the Great William Penn for having sett an uncommon Example in purchasing the Soil of Pennsyl- vania of the Native Indians, and which if it

had been followed by the Settlers of New England and Virginia would have prevented some wars that took place. This Frenchman, like many European writers who have never been in the country, did not understand him- self sufficiently on the subject. The fact was that the Settlers of Virginia & New England purchased their lands of the Natives before Geo: Fox the Founder of the Quaker's Sect published their principles in England in Oliver Cromwell's time, and a long time before the celebrated William Penn settled in Pennsyl- vania. There is no doubt but the regular pur- chase & the warrantie deed from the four abovementioned Sachems, in 1648, prevented difficulties between the Natives & English. Some Indian writings on record in East Hampton speak of the friendship & amity of their neighbours the English about 1660.

Gov. Winthrop in his Journal, page --- and Gov. Hutchinson in his History of Massa- chusetts p. 88, mentions that in 1640, a num- ber of families removed from Lynn to the West end of Long Island, and bought land there of James Farret Agent to the Earl of Sterling : but getting into some quarrel with the Dutch, they removed to the East end, and settled at Southampton & chose one Pierson for their Minister. Probably Southampton was settled before East Hampton. Tradition informs us that before East Hampton people built their first grist mill (which went with cattle), they went to Southampton to mill, and carried their grain on the back of a bull that belonged to the Town for the use of their cows. If this is true, no doubt Southampton was settled first.

Govr Hutchinson says that in 1644 South- ampton by an act of the Commissioners of the United Colonies was annext to the Jurisdic- tion of Connecticut. One might suppose that E. Hampton was settled from Southampton, but the method of pronunciation is quite dif- ferent, although the Towns join. An East Hampton man may be known from a South- ampton man as well as a native of Kent in

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England may be distinguished from a York- shire man. The original settlers of these Towns probably came from different parts of England. Besides the names that prevail in one town are not to be met with in the other. The names of Pierson, Halsey, Howell, Top- pin, Sanford, Cooper, White, Post &c and common in Southampton & confined there, as are the names of Mulford, Osborn, Conkling, Baker, Parsons, Miller, Gardiner, Dayton, &c. to East Hampton. The names of Hedges &

presented to Gov. Dongan about 1683, men- tions his father as the first Englishman that had settled in the Colony of New York. Southampton put itself under the Jurisdiction of Connecticut in 1644, as Southold did under New Haven in 1648. According to President Stiles' History of the three Judges of Charles I., East Hampton was a Plantation or Com- monwealth as it is styled, in the Record- that was, Independent of any other Govern- ment from the first settlement till about 1657.

EAST HAMPTON.

Hand, are met in the Eastern part of South- ampton but originally [they were] from E. Hampton. Very little intercourse took place between the two towns before the Revolu- tionary war. Since that, visits and intermar- riages are more frequent.

What time East Hampton was first settled is not certainly known. Probably soon after Southampton. Neither of the Towns was settled as early as Gardiners Island which was settled by Lion Gardner in March 1639. David, son of Lion Gardiner, in a petition

The magistrates frequently asked advice in difficult cases "of the neighbour Towns of Southampton & Sonthold" and sometimes cf "the Gentlemen at Hartford."

The three Towns on the East are styled the "Three Plantations." The government of the Town of E. Hampton was purelly Repub- lican. Their laws were enacted by all the citi- zens assembled in town meeting; this was stiled "the General Court" and a fine inflicted on such as did not attend.

In Decr 1653 by a vote of the General

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HISTORY OF LONG ISLAND.

Court, "the Capital laws, and the laws and Orders that are notic'd in the bodie of laws that came from Connecticut shall stand in force among us."

Their public officers were few ; three mag- istrates who were called Townsmen, were chosen annually. Their oath of office points out their duty ; it was as follows :-

"You being chosen by the Court for the careful and comfortable carrying on of the af- fairs' of this Town, do here swear by the name of the Great & Everliving God, that you will faithfully, and without respect of persons, execute all such laws and orders as are or shall be made & established by this Court, ac- cording to God, according to the trust com- mitted to you during this year for which you are chosen & until new ones be chosen, if you remain among us, so help you God."

A Recorder and Constable were the only other public officers chosen ; their oath points out their duty, and is mutatis mutandis, similar to the above. The Constable was always a reputable citizen and of great authority. He, by law, moderated the General Court. The Recorder, or Secretary, not only recorded all orders of the General Court, but the decisions of the Magistrates, and by a vote passed in 1656, the depositions of witnesses in trials at Law, for which he was allowed a stated price, as were also the magistrates and constable. Their trials were sometimes, with a Jury, but mostly without. From 1650 to 1664, about the time they came under Gov. Nicoll, there are about 50 or 60 cases at law on record. They were mostly for small debts & for defamation. By law, no one could recover more than £5 for defamation. In 165- Geo: Lee attorney to - prosecuted "Lieut. Lion Gardiner of the Isle of Wight in behalf of himself and the States of England for five hundred pounds Stg" before the Magistrates in E. Hampton. It appears from the very lengthy depositions "that a Southampton man had hired a Dutchman to bring a freight ( cargo) to that place from Manhadoes, & that

the vessel was taken from the Dutchman & brought to the Isle of Wight to the Lieften- ant who retook her for the Dutch owner" and was prosecuted by the original captors.

This affair was referred to the General Court at Hartford by the East Hampton Mag- istrates & both parties were bound to appear there. Lee obliged himself, if he did not prosecute the case there, it should be dropped. This was likely the result. This is the most important case on record where property was concerned.

"The three men were to meet the first sec- ond day of every month for the tryall of any cause according to an Order and to consider of those things that may concern the publick good of the place & whosoever of those Three men do not attend the day at 8 o'clock in the morning shall be liable to pay 5s."

"John Mulford, Robert Bone & Thos Baker chosen by this Court for the execution of those Orders, complied with their trust for this year. Ralph Dayton, Constable and Benjn Price, Recorder." Done at a General Court holden October 7, 1651.

The first General Court was in March 1650.

It was decreed October 1652 that "if any man be aggrieved with any thing that is done by the men that are in authoritie, that he shall have liberty to make his appeal to the next General Court, or when the freemen are as- sembled together for their publique occasions."

Their town Meetings were frequent and became burdensome on the people, but being their own law makers they made a mutiplicity of laws for regulating the fences of fields pas- tured in common : for division of lands ; mak- ing highways; building a mill or meeting house & this took up much of their time. The business of killing whales was regulated by law, and every one [was] obliged to take his turn to look out for them on the shore." Their houses were thatched and liable to take fire. Every man was obliged by law to provide himself with a ladder that should reach to the

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EAST HAMPTON.

top of his house, and a man was appointed to see that the chimneys were well plaistered and swept. Severe laws were made against selling any Indians, guns, swords, powder, lead, flints, or any more than two drams of strong water at one time." Many of the laws appear curious, but in general they are mild, and the penalties not very severe. There are only three or four cases of corporal punish- ment and none of capital.

In the year 1653 the Indians were some- what troublesome. Powder & shot were sent for to the mouth of the Connecticut River, and a watch by night of two, and a ward by day of one man was ordered to be kept by the Inhabitants in town. "April 26, 1653, It is ordered that no Indians shall come to the town unless it be upon special occasion, & none come armed, because that the Dutch hath hired In- dians against .the English, & we not knowing Indians by face cannot distinguish freinds from enemies: &, because the Indians hath cast off their Sachem &c orders were given to shoot any Indian on third call or if they ran away." "Every man was obliged to go armed to the meeting house every Lords day, under penaltie of 12 pence," and four assistants were added to the three Townsmen. It does not ap- pear by the Records that any battle was fought. Probably the Indians who were then numerous had not learned the use of Fire Arms. This was at the time Oliver Crom- well was at war with the Dutch Nation and an opinion prevailed through this country that the Dutch at Manhadoes supplied the Indians with arms, and urged them to destroy the English settlements. From the histories of those times, it is evident something was de- signed against the English by the Dutch & Indians. Oliver Cromwell about this time called on all the Colonies to assist in an ex- pedition against the Dutch at Manhadoes, par- ticularly New Haven and Connecticut, who were nighest the Dutch. Major Sedgewick of Massachusetts was to have the command of the men that were to be sent from each

Colony in a certain proportion. The follow- ing extract from the E. Hampton records probably refers to this :-

"June 29 1654. Having considered the letters that come from Connecticut wherein men are required to assist the power of Eng- land against the Dutch, we do think ourselves called to assist the said power."

The expedition did not take place, prob- ably on account of Peace having been made soon after between the two Nations. Very little more is said about the Indians till the Great Indian war which threatened all this country in 1675, when the people were again on their guard. But it does not appear that any lives were lost.

This was the most formidable combination of Indians that ever happened. Gov : Andross sent an armed Sloop to Gardiner's Island to protect it against the Indians. The English & the Indians were probably both on their guard against a surprise, but by 1675 the East end of Long Island had so many English settled that there was no great danger. The Five Nations joined this confederacy.

"Oct. 3, 1654. It is ordered that there shall be a copie of the Connecticut combina- tion drawn forth as [soon as] is convenient for us and all men shall sett to their hands."

This combination was signed Oct. 24, 1654. by about 40 and is now on Record by each on the Book. All excepting 3 or 4 write a plain legible hand for those days. These sign by making their mark.

"This Combination is to maintain & pre- serve the libertie and puritie of the Gospel of our Lord Jesus which we now profess as alsoe the Discipline of the Church which according to the said Gospell is now practised among US. As alsoe in our civill affaires to be guided & governed according to such laws and orders as shall be made according to God and which by vote of the Major Part shall be of force among Us &c &c."

This Combination is similar to the one en- tered into in 163- by the 3 Towns of Hart-

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ford, Windsor & Wethersfield, and is a copy preamble of that as recorded in Hazards Coll : of State papers, p. -

March 19, 1657. It is ordered and by a Major vote of the Inhabitants of this Towne agreed upon, that Thomas Baker & John Hand is to go into Keniticut for to bring us under their government according to the terms as Southampton is, and alsoe to carry Goodwife Garlick that she may be delivered up unto the authorities there for the triall of the cause of Witchcraft which she is suspected for." It was afterwards agreed upon by the town "that Mr. Gardiner shall be intrusted with the same power with Ths Baker and John Hand for coming under Government."

In the Records the word is "interested." It doubtless should be intrusted.

It is evident from the Record that soon af- ter this they were under the jurisdiction of that Colony, or rather composed a part of it, altho' nothing is said of their men's returning. Probably the General Court at Hartford did not pay any attention to the latter part of the business on which Baker & Hand were sent. This poor woman had a trial in E. Hampton for Witchcraft, but nothing was done. It was referred to the Genl Court at Hartford.

At this day it appears surprising that not only those who settled in the American Wild- erness should be so infatuated about Witches and Witchcraft but that King James I, Lord Justice Holt and some of the first characters in the English Nation should also be so carried away with notions of this kind. If the affair of witches has made more noises in this coun- try than it has in some Countries of Europe, it is not owing to their having been more executed for that supposed crime here: for I have no doubt there has been, during the same time, as many executed in England only, as there have been in all New England & Vir- ginia, for it was not confined to New England but prevailed also in other parts. In Europe, the execution of a few individuals would be effaced from the page of History by more im-

portant events that were continually taking place during the last century. But in this country it was a singular affair, & has been handed down by our own writers, and dwelt upon, with wonder, by European writers who have endeavoured to account for it from the enthusiastic ideas of the Inhabitants here, not considering that they acquired these ideas in Europe from books published by men of char- acter & information. It is to be hoped this in- fatuation is done away among the Citizens of both sides of the Atlantic but it is not justice for one side to suppose that this infatuation prevailed only on the other. If King James, Lord Holt and others of information, who be- lieved in witchcraft, are excusable, certainly those persecuted exiles who fled to a savage wilderness are equally clear of blame. Per- haps the law of Moses by which in many cases the first settlers were governed, was a Mean of urging them on in the belief of Witchcraft and its evils.

November 29, 1662. It is jointly & fully agreed that Mr. T. Baker, Mr Thos James, & Mr Lion Gardiner, Mr Robert Bond, Mr John Mulford, Thos Tomson and Thos Chatfield shall go to Southampton the next second day to compound a difference between Us & Capt. John Scott Esqr and Mr. John Odgen about Meantaquit, and do hereby engage to ratifie and confirm what our committee shall con- clude upon : & also we do empower this our Committee to joyne with Southampton and Southold about a Patten grant."

To whom they proposed to apply for a Patent I don't know. New York was then in the hands of the Dutch. It was either to King Charles 2nd or to the Government of Connec- ticut.

"Novemb: 23 1663. A committee was ap- pointed to Join Southampton & Southold Committees and if they see cause, to establish laws for settling government among us, And what our Committee or a Major part of them shall doe herein we engage ourselves to stand unto."

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EAST HAMPTON.

It was, doubtless in contemplation to have the three towns join in one government as other towns on this continent have done.

February 23, 1663. [o. s.] It was agreed that Muntauk shall pay Fifty pounds of the 150 that is to purchase the pattent right."

March 25. At a Town Meeting, after long debate, it was agreed to that the Pur- chase of Pattent right should be borne by all the Inhabitants according to the land every Man Possesses.

"April 26, 1664. At a Town Meeting the Town doth desire those men, that doe goe to Hartford, to debate together with the Neigh- bouring Plantation for the things of Mutual Government bewteen Hartford & Us for our future Settlement, but to conclude of nothing, as understanding that the Governour will come over, or a Committee from the General Court."

Dec. 21, 1664. The inhabitants of this Town-understanding that we are off from Connecticut, and the magistrates not willing to act further on that account, that we may not be without laws & Government, it is agreed the former laws shall stand in force till we have further order. from York. It is agreed that the Constable of the Town shall be se- cured by the Town for not gathering the Rates."

The "rates" referred to in this Resolve probably refers to the adjudication that was made at New York Dec. 1, 1664 by Gov. Nicoll & others on one part, and Gov. Winthrop and others, on the other, that Long Island should not be under the Government of Connecticut, but under His Highness the Duke of York &c. There appears from this time to have been some alteration in their Government. In April 1664 the Constable & Town Overseers were chosen; no mention is made of Towns- men.

Copy of James Farrett's Grant to Lion Gard- iner.

Know all whom this present Writing may concern, that I, James Farrett of Long Island,

Gent. Deputy to the Right Hon'ble the Earll of Starling Secretary for the Kingdom of Scotland, doe by these presents, in the name and behalf of the said Earll of Starling and in my own name also, as his Deputy, as it doth or may concern myself, Give & Grant free leave and liberty to Lion Gardiner his heirs, executors and assigns to enjoy that Isl- and which he hath now in possession called by the Indians Manchonack, by the English the Isle of Wight; I say to enjoy both now & for ever, which Island hath been purchased, before my coming, from the ancient Inhabi- tants, the Indians; Nevertheless though the said Lion Gardiner had his possession first from the Indians before my coming, yet is he now contented to hold the tenor & title of the possession of the aforesaid Island from the Earll of Starling or his successors whomso- ever, who hath a Grant from the King of England, under the Great Seal of the afore- said Kingdom. Bee it known, therefore, that I, the said James Farret doe give & hath giv- en free liberty & power to the said Lion Gard- iner, his Heirs, Exe'rs and Assigns and their Sucessors for ever to enjoy the possession of the aforesaid Island, to build & plant thereon as best liketh them, and to dispose thereof as they think fitt, and also to make, execute & put in practice such laws for Church and Civil Government as are according to God, the Kings and the practise of the Country, without giving any account thereof to any whomso- ever and the aforesaid Right & Title, both of land and Government to remayne with, and to them and their successors for ever, without any trouble or molestation from the said Earll or any of his successors, for now & forever. And as much as it hath pleased Our Royal King to give the Patten of Long Island to the aforesaid Earle of Starling in considera- tion whereof it is agreed upon that the trade with the Indians shall remayne with the said Earle and his successors, to dispose upon from time to time and at all times as best liketh him. Notwithstanding [allowing] the said Lion Gardiner to trade with the Indyans for Corne or any Kinde of victuals for the use of the Plantation and no farther: and if the said Lion Gardiner shall trade in Wampum from the Indyans hee shall pay for every fadome twenty shillings and also the said Lion Gard- iner and his successors shall pay to the said Earle or his depuytes a yearly acknowledg- ment being the sum of Five Pounds, (being

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lawfully demanded) of lawfull money of Eng- land, or such commoditys as at that time shall pass for money in the country; and the first payment to begin on the last of Oct. 1643, the three former years being advanced for the use of the said James Farrett. In witness where- of the party has put his hands and seal the tenth day of March 1639. [o. s.]

( Signed) JAMES FARRETT (seal.) Sealed and delivered in the presence of ffulk Davis Benjn Price.

Much of East Hampton still remains as nature has made it, wild, desolate and barren- a plaything for the storms and for the wintry waves which seem to gather strength as they roll across the Atlantic and break with wild impetuosity on its shore, lifting up miles of sand bar as if they were driftwood, and even battering down the rocky bulwark that for ages has carried on a ceaseless warfare with the elements but has gradually got the worst of it. The cliff at the extreme point is slowly but surely being ground to powder by the re- morseless action of the ocean, and while many of the boulders and pebbles and gravel we see all over the township are the results of glacial movement, still much of the debris is part of the volcanic rocks. The sea, in fact, is stead- ily encroaching upon the land and winning back to its depths that which had been raised high above its level in some primeval struggle. But the sea at one time at least returned a little of what it had won. There is no doubt that the district we call Montauk was once an island, perhaps two-one from Napeague Har- bor to Fort Pond, and one from there to the lighthouse on that historic point

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A history of Long Island, from its earliest settlement to the present time, Part 162

Author: Ross, Peter. cn Publication date: 1902 Publisher: New York ; Chicago : The Lewis Publishing Co. Number of Pages: 1188

Author: Ross, Peter. cn
Publication date: 1902
Publisher: New York ; Chicago : The Lewis Publishing Co.
Number of Pages: 1188