USA > New York > Westchester County > Rye > Chronicle of a border town : history of Rye, Westchester county, New York, 1660-1870, including Harrison and the White Plains till 1788 > Part 13
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110
THE BOUNDARY DISPUTE.
have erected, and lately and are erecting certain mills and other edifices, and making improvements of land, within the limits of the township of Rye, and in the bounds of this his Majesty's Colony of Connecticut, near unto Hudson's river, alleging to such as have questioned with them thereabout, that they do it in virtue of a patent or patents or other allowances, from the Governor of his Highness ' Territory of New York. And not only so, but some of the said improvers do give out threatening speeches, that if any of our Colony's cattle shall come there, that they will not suffer our people peaceably to have them away ; and also that others of your jurisdiction are purchasing or have purchased large tracts of land on the east side of Hudson's River, within our limits, from the In- dians, in order to planting there.' The magistrates remind his honor of the terms of settlement in 1664, and inclose a copy of the agreement, which they would not doubt he will desire to hold, as they do, inviolable.
Connecticut, however, was not really prepared to insist on the advantage given her by the careless wording of a hastily written treaty. On the arrival of a new governor in New York in the following year, delegates were sent from Hartford to congratulate him and assure him of the friendly disposition of the colony. They were empowered at the same time to treat with him for a new set- tlement of the bounds upon the best terms to be obtained. An agreement was soon reached. On the twenty-fourth of Novem- ber, 1683, the articles were concluded between Governor Dongaz and Council and the governor and delegates of Connecticut, by which the dividing line of their respective territories was placed very nearly where it has remained ever since.
It was agreed on both sides that the line should run as originally . intended, about twenty miles east of the Hudson River. But it became evident that to follow this measurement rigidly would be to inflict a serious injury upon Connecticut. Under the terms of her charter, she had long before planted several towns beyond the limits thus defined. It was therefore conceded that these five towns should remain a part of Connecticut ; the boundary being so traced as to exclude them from the province of New York, though by so doing it must be made to approach considerably nearer to the Hud- son than the distance agreed upon for its general course. Indeed the nearest of these towns - Greenwich -is actually within eight miles of the Hudson, at its northwestern corner. As an offset, however, to the tract thus surrendered (C DON), New York was to gain an ' equivalent tract' from Connecticut. A strip of land
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RYE EXCLUDED.
along the boundary, north of the excepted towns, was to be meas- ured off, just wide enough to embrace as many acres - 61,440 - as they contained ; and this tract (ECK H), lying beyond the required distance of twenty miles, was to belong to New York. It measured two miles in width and over fifty miles in length, and was afterwards known very appropriately as . The Oblong.' And thus the zigzag course of our frontier line is explained.
In pursuance, then, of this agreement, the boundary was to be- gin at the mouth of Byram River, a small stream dividing the towns of Rye and Greenwich, at a point about thirty miles from the city of New York. This river was to be followed as far as the head of tide water, or about a mile and a half from the Sound, to a certain ' wading-place,' where the common road crossed the stream. Here a rock known as ' the Great Stone at the Wading Place,' was to be a boundary mark. From this point the line was to run north- northwest till it should reach a point eight miles from the Sound. A line twelve miles in length was then to be measured, running eastward. parallel to the general course of the Sound. From its termination, another line of eight miles was to be traced, again running north-northwest. Thence, and for the remainder of its course, the boundary was to run parallel to the Hudson River, in a northerly direction to the Massachusetts line, at a distance of twenty miles, besides the equivalent tract.
DISSATISFACTION AT RYE.
This arrangement was of course highly pleasing to the towns that found themselves comprehended within the limits of the col- ony to which they had hitherto been attached, and toward which all their sympathies inclined. But Rye and Bedford were as heartily attached to Connectient as any of these ; and it was with deep sorrow that they saw themselves shut out from their sister plantations. The government of Connecticut seem to have an- ticipated some dissatisfaction from this quarter. On their return from the conference in New York about the boundary, the governor and his assistants wrote to the selectmen of Rye, acquainting them with the results of the conference.
' FAIRFIELD, December 3, 1683.
. LOVING FRIENDS, - We had purposed in our passage to York to have called upon you, but the badness of the weather, and taking our passage by water, we missed the opportunity of seeing you in our going thither and in our return. And therefore we take this first opportunity to acquaint you that altho' we were loath to have parted with you, and
112
THE BOUNDARY DISPUTE.
would have been glad to have continued you in this government, yet the providence of God hath so disposed, that by our agreement with Governor Dongan we were forced to part with you, and could not help it. .... By the agreement with the Governor Dongan, the west bounds of our Colony is now Byram river ; and it runs as the river till it comes to the road, and from thence it runs north-northwest till it hath run eight miles from the east point of said Byram River. Gentle- men, we do request you to be satisfied and content with this change, and to carry it suitably to the Government under which you are now stated, and apply yourselves to the honourable Governor, who is a noble gentleman, and will do what you shall desire in a regular manner to promote your welfare. Which with best respects is all the needful from your assured friends,
' These for Lt. Joseph Horton the selectmen of the town of Rye.
ROBERT TREAT, Governor. NATIIAN GOLD,
JOHN ALLYN, Assistants.'
It must have been a stirring time at Rye when this letter, con- veying perhaps the first intimation of the accomplished change, was read in 'town meeting.' Hard things were doubtless said of their Connecticut friends, who so readily consented to part with them ; and harder yet of their undesired lieges at New York. Some earnest remonstranees too were not improbably sent up to the Gen- eral Court. But the course of matters could not be arrested now. On the eighth of May in the following year, the legislature of Con- nectient formally approved of the agreement made by the commis- sioners ; and in accordance with its terms appointed a surveyor and certain others to attend to the laying out of the line. These, with Governor Dongan's officers, met at Stamford in the following Oc- tober, and performed their duties, ascertaining the amount of land conceded to Connecticut, as nearer than twenty miles to the Hud- son River. Their survey terminated, however, with the line drawn parallel to the Sound as far as a point twenty miles from the river. Beyond this, they simply indicated what they supposed would be the extent of the oblong to be laid out as an ' equivalent traet.'
The people of Rye were soon sternly summoned to make submis- sion to their new masters. We have a proclamation from Gov- ernor Dongan which implies that they had shown some reluctance to do this. Its tone certainly was not calculated to eoneiliate them, nor to justify the good opinion which the magistrates had expressed of this 'noble gentleman.' :
' Whereas I am given to understand that the inhabitants of Rye and Bedford are possessed of certain lands of which they seem to have no
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RYE REVOLTS.
right and legal title, these are therefore to authorize and empower you to warn all the inhabitants of Rye and Bedford aforesaid to be and appear before me and the Council on the second [or] third day in Oc- tober next ensuing the date hereof, to show what right and title they have to their rights and possessions ; otherwise to be proceeded against according to law. And you are to make return thereof to me, and for so doing this shall be your warrant.
' Given &c., this fourth day of June, 1685.
' THIO: DONGAN.
' To Benj. Collier, High Sheriff for the County of Westchester.'
This summons was not obeyed. The people doubtless felt that it was a grievous wrong to question the validity of their claims to the lands they held. These had been acquired in a manner rec- ognized by the Connecticut laws as valid and sufficient, - by pur- chase from the Indians and actual possession. They had held them for a quarter of a century under the Hartford government. It was manifestly unjust that they should be required to seek a new title to them, risking their forfeiture, and submitting to fresh expense and trouble. The magistrates of Connecticut had been especially careful to secure the relinquished towns in their former rights. The delegates who treated with Governor Dongan relative to the boundary, were instructed, ' If you grant any part of the lands within any of the townships of the Colony, you are to en- deavour to preserve those lands to the town's proprieties, though as to jurisdiction they belong to his Higliness.' There was there- fore at least a tacit understanding that the rights of the inhabitants should be recognized under the one government as they had been under the other.1
RYE REVOLTS.
But besides, in their unwillingness to submit to the new order of things, the inhabitants took courage from the fact that the agree- ment by which they were set off to New York did not receive the sanction of the authorities at home. And for want of this ratifica- tion, the towns of Rye and Bedford now boldly declared the ar- rangement to be null and void, and asserted their independence of New York and allegiance to Connecticut. In this position, they were not, of course, without the sympathy, and quite probably the secret countenance of Connecticut, whose magistrates doubtless
1 The state of perplexity in which the minds of men were kept abont this time, is illustrated by the language of a deed given 1682 by John Budd of Southold, 'in the limits of New York in New England.' Book B., County Records, p. 156.
8
114
THE BOUNDARY DISPUTE.
hoped that they might yet retain these unwillingly ceded towns. For ten years disaffection had smouldered ; the authority of the province was practically ignored ; taxes were paid but irregularly to either government ; and whenever possible, matters in contro- versy were carried up to Hartford, and Hartford magistrates came down to perform their functions at Rye. These were troublous times in the town. Feuds and dissensions among themselves added to the perplexity of the inhabitants. Some of them, it would appear, sided with the province in the controversy ; and hence doubtless some of the actions for defamation and other proofs of disturbance which we find on record about this time. At length, the circumstance which has been stated in a previous chapter, led to the breaking forth of this spirit of discontent into actual rebel- lion. In 1695, John Harrison, of Flushing, on Long Island, ap- plied to the governor of New York for a patent of lands which he had purchased from an Indian who claimed to be their proprietor. These lands were a part of the town of Rye, and had been pur- chased long before by some of its proprietors. Governor Fletcher granted them to Harrison and his associates, wholly setting at nought the just claims of the people of Rye. Upon this added grievance, they revolted. On the nineteenth of January, 1697, Rye, with Bedford, applied to the General Court of Connecticut to be taken back under its care, and was received.1
The Governor and Council lost no time in acquainting the gov- ernment of New York with their action. On the same day that Rye and Bedford were received, they wrote to Colonel Fletcher, giving the reasons for their procedure,2 and closing with the expres- sion of a benignant hope that his excellency ' will manifest such a .compliance with his Maiesties dispose in the premises, as shall be
1 See note at the end of this chapter.
2 The letter is dated Hartford, Jannary 19, 1696-7. 'The inhabitants of Rie and of the plantation of Bedford applying themselves to us by their Messengers and asserting that their respective towneships are included within the Limits of our Char- ter and earnestly desiring that they may inioy the priviledges and protection of our Charter Governmt We being sensible of our obligation to preserve the extent of onr Charter Governmt according to the Grant of his late Maiestie Charles the Second and to protect all the kings subiects that lie within our limits by the due administra- tion of Justice to them according to our Established laws, and finding upon Serions Consideration that both by the terms of our Charter and also by the act of his said Mies Comissioners . . . a North North line from Momoronock River . . . should be the dividing line between the province of New York, and this Colonie . . . . and there doth not appear anything that doth vacate the said act of his said Majesties Comissioners . . . . doe therefore see Canse to own the inhabitants of the said town to be his maiesties Subiects under the govermt of our Corporation.'
.
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AN ARMED INVASION.
consistent with the preservation of the peace and properties of his maiesties good subiects.'
It does not appear that Governor Fletcher made any reply to this communication. Doubtless he waited for instructions from England. But meanwhile an event occurred which precipitated his action.
The eighth of April, 1697, was a memorable day at Rye. Mr. Benjamin Collier, high sheriff of the county, had come to the town, to superintend a meeting for the choice of a member of Assembly. Notice had been duly given to the freeholders of such election, under a writ from the Council at New York. The meeting was to be held ' in the heart of the town, in the place where they usu- ally traine.' But to the sheriff's vexation, 'after all the pains he has taken to warne them,' not more than sixteen or seventeen men make their appearance. The meeting however is opened, the clerk of the county in person reading the king's writ, which he does without much interruption ; when ' up comes Major Sellick of Standford with about fifty Dragones whom he called his life guard, with their arms presented, and demanded my business,' relates the sheriff. ' Whereupon I replied, By virtue of his Majesty's writ I came there ; and gave the writ to the Clerk again, who read it in person to the said Major Sellick and his life guard as he called them. For the writ being fully executed and the choice made, Major Sellick fell into hard words, and said he came there to pro- tect the Inhabitants of Rye under their government of Connecti- cut ; the which I denied, and said was within my Bailywick. But after much banter he invited us into a house and withdrew himself from his Company, and did acknowledge his Excellency to be their Captain General ; and so I left him.' 1
Major Sellick's raid, however, caused great excitement at the seat of government. The Assembly of the province being in ses- sion at Albany, the governor addresses them in a message, appris- ing them of the defection of Rye and Bedford, and announcing the fact of an armed invasion at the former place. On the fourteenth inst., only six days after the occurrence, the representatives reply. They ' conceive that the late appearance of Major Sellick with a Troop of Dragoons armed to disturb the Sheriff in the execution of His Majesty's writ for the election of a member of Assembly, and to the terror of His Majesty's subjects there assembled for the service at the said town,' is 'a forcible invasion of His Majesty's
1 Letter of Benjamin Collier, High Sheriff of Westchester County : New York Colony MSS., xli. 56.
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THE BOUNDARY DISPUTE.
right and dominion of this His Majesty's Province.' They are ' humbly of opinion, that the inhabitants of the said towns of Rye and Bedford ought not to continue in their defection, without in- curring the Pains and Penalties established by law upon such as rebel against His Majesty's Government.' They therefore petition the governor to ' address his proclamation requiring the inhabitants of the said towns to return unto their faith and allegiance at a cer- tain day ; and assure them of His Majesty's grace and pardon upon that condition, - otherwise that they may be proceeded against as the law directs.' They would also have his excellency to repre- sent unto the government of Connecticut 'the great evil they commit by protecting such of His Majesty's subjects that have revolted ; ' how they have thereby 'lessened the strength of His Majesty's government here - being a frontier province - and by that means given great advantage to His Majesty's declared ene- mies the French. And if they have any right or claim in the law to those towns of Rye and Bedford, that they may apply unto His Majesty, who is the sole Judge of extent and limits of his domin- ions in America, and submit the same unto his royal determina- tion ; and not by force of arms enter upon His Majesty's Domin- ions, to the evil example of those disaffected to His Majesty's government, and the disuniting of strength of His Majesty's sub- jects, now necessary to be employed against His Majesty's enemies the French.'
Governor Fletcher issued his proclamation in all haste, on the next day, requiring the towns to return to their allegiance; 1 and
1 One of the original handbills is preserved in the State Library at Hartford, - the only copy known to exist. It reads as follows : -
' BY HIS EXCELLENCY
1 ' Collonel Benjamin Fletcher Captain General and Governor in Chief of His Majeftie's Province of New York &c.
'A PROCLAMATION
' Whereas sundry of the Inhabitants of the Towns of Rye and Bedford in the County of Westchester, in the Province of New York, have made Defection from their Alle- giance to His moft Excellent Majefty, in the Government of this Province (to evade the paying of their Taxes and Arrearages) and have applyed themfelves to the Gov- ernment of Connecticut Collony for Protection. By which means the strength of the Province is much leffened, the Peace and Safety of His Majefties good Government difturbed, the Fronteers weakened, and great Advantages given to the common Enemy, the French of Canada, in this time of actual War. And the said Persons have thereby incurr'd the Penalty of the Law.
' It being Resolved, by Advice of His Majefties Council and Reprefentatives of this Province convened in Gen'l Affembly, to Reduce the said Inhabitants, who have made this Defection to their Duty. Neverthelefs I have, by and with the advice and consent of His Majefties Council of this Province, publifhed this my Proclamation
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RECRIMINATIONS.
shortly after addressed his complaints to Connecticut.1 That col- ony replied promptly, disclaiming any intention to use violent measures, but referring the whole matter to the king, who, they declared, had never annexed those towns to New York.2 May 10th, New York retorts, treating the reasons of Connecticut as mere subterfuges, and complaining that she makes a disturbance in time of war, assuring her at the same time that New York will use all lawful means to reduce these people to obedience.3 May 19th, Connecticut rejoins. Her Governor and Assembly consider the arguments of New York weak and unsatisfactory, and are therefore determined to protect these people.4 May 31st, Gov- ernor Fletcher and his Council find ' just fault ' with Connecticut ' for using such a style,' and declare that Connecticut gave up these towns by arrangement in 1683, and made no claim to them for twelve years or more. New York is therefore determined to pur- sue her duty.5
Here the correspondence rests, in consequence of the recall of Governor Fletcher to England. In April of the next year his successor Lord Bellomont arrives, and Connecticut sends a dele- gation to congratulate him. Lord Bellomont soon writes, express- ing his thanks and good-will toward the colony, but denying their reasons for countenancing the towns of Rye and Bedford in their revolt. He also incloses a letter from the Lords Commissioners of Trade on the subject.6 In reply, the government of Connecti- cut profess the kindest and most friendly feelings toward his ex- cellency, but cannot answer concerning these towns until Governor Winthrop shall return from England.7
Nearly two years more elapsed before this controversy was ended
and I do hereby require the Inhabitants of the Town of Rye and Bedford in the said County, to return unto the Faith and Allegiance &c.
' Given at Fort William Henry the 15th day of April, Annoque Domini 1697.
' GOD SAVE THE KING.'
1 Colonial Boundaries (MS.) Hartford, vol. ii. doc. 142. The governor ignores the real grievances of the town of Rye, and lays their defection to the desire to escape the payment of taxes.
' Their remissness and neglect in the paymt of their taxes of late has made the arrearages amount to a considerable sume much wanted to answer the security of the frontiers (which is a defence to your collony) and to pay the soldiers there to avoid which payt they have made application to you for protection,' etc.
2 Ibid. doc. 144.
3 Ibid. 145.
4 Ibid. 146. 'Our design is not (neither will it end in) any weakening of your province or withholding any arrearages of taxes that may be due from that small peo- ple ; but it is the protection of the king's people committed to our charge.'
5 Ibid. doe. 147.
6 Ibid. doe. 148
7 Ibid. doc. 149.
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THE BOUNDARY DISPUTE.
by the royal decree. On the twenty-ninth of March, 1700, King William III. approved and confirmed the agreement of 1683 and 1684, whereby Rye and Bedford were included in New York. And on the tenth day of October following, the General Court at Hartford released Bedford and Rye from all allegiance.1
Their revolt therefore had lasted nearly four years. At Rye, matters had gone on meanwhile pretty smoothly, the inhabitants holding their town meetings as usual, choosing their officers, and attending to the division and improvement of lands. Good Deliv- erance Brown, with Captain Joseph Theall, had been their justices before the separation, and retained their office for years after. They with the constables, Robert Bloomer and Caleb Hyat, and the townsmen, at the head of whom was Hachalialı Brown, kept good order in the little settlement. Mr. Nathaniel Bowers was the worthy pastor of the parish during this period ; at the close of which, however, perhaps unwilling to leave the colony of Con- necticut, he accepted a call to Greenwich. It was during these years that the inhabitants showed a greater diligence in their ecclesiastical matters. Now they appoint committees for carrying on the work of building a 'meeting house - thirty feet square' and 'a towne house for the use of the ministry - to be thirty foot in lengthi, and twenty foot in breadth, and two-story in height, and a lean-to joining to it.' Now also they choose men to lay out land for a 'parsonage, not exceeding forty acres, and so to remain a parsonage,' or glebe. The rates are gathered for the salary of the pastor, and an outstanding debt to the former minister, Mr. Wood- bridge, is settled, without a trial at law, of which there has been some prospect. Altogether, the town presents during this space of time the aspect of a well-ordered New England village, and so would have continued to do doubtless, could the people have had their way.
Nevertheless, it appears that they yielded without demur to the final decision of their case by 'the Crown.' So testifies Deliver- ance Brown, who has occasion very soon to petition the governor in their behalf for relief from oppressive taxation. His 'humble petition in the behalf of the inhabitants of the Town of Rye in the
1 Public Records of Connecticut, vol. iv. p. 335. October, 1700. 'This Assembly re- ceiving an expresse from his Majestie that the line between New York Province and this Colonie be as the settlement or concession by our commissioners made November the 23, 1683, doe order that a signification thereof be sent to the inhabitants of Rye and Bedford, signed by the Secretary, that they are freed from duty to this govern- ment, and that they are under the government of New York.'
119
A BORDER FRAY IN 1718.
County of Westchester in this Province,' is dated New York, De- cember the 16th, 1701. The worthy justice had come to town upon a difficult errand. 'At a lawful town meeting held in Rye. September the 20th, 1701,' he was chosen ' to goe down to New York to make the town's aggrievances known unto the Governor and Council : and also to make Inquiry concerning the Claim that Jolin Harrison makes to our Lands, and to use what methods he shall see good for securing the town's interests.' 1 Poor success seems to have attended the latter part of this mission, as we have seen in the matter of Harrison's Purchase. The other ' grievance ' he thus relates : 'The Justices of the Peace of the County of Westchester have lately sent their orders to ye said Town for the assessing and levying severall Taxes laid on the Inhabitants of this Province during the time of the unhappy Separation of the said Town from this Province : the which amount to considerable sums of money.' The inhabitants therefore ordered him to lay before their honors the following statement : 'That upon the first notice of His Majesty re-annexing them to this province they did heartily and readily return under the Government thereof, and are resolved with their lives and fortunes to serve His Majesty in the same. But so it is, that the Justices of the Peace of the County of West- chester, none whereof belong to the Town of Rye, have from time to time during the said separation been very partial in assessing the quotas of the town ; when at the same time their representa- tives in General Assembly had the quotas of the County often les- sened by reason of the separation aforesaid, and so had a benefit thereby, and another by levying such a part as they pleased on the town. Your petitioner,' he continues, 'is also instructed to acquaint your Honours, that the Inhabitants of the Town of Rve as good and liege subjects to ye Kings Majesty, are willing and ready as much as lyes in their power to pay all such rates, taxes and other charges imposed by the Laws of this Government, as shall appear to be their just due.' He ends by asking that the assessing and levying of the taxes may not be insisted on until a more equal apportionment shall be made; and promises that then the quota shall be collected and paid with all expedition.2
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