USA > New York > Lewis County > History of Lewis County, New York; with...biographical sketches of some of its prominent men and pioneers > Part 2
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14
HISTORY OF LEWIS COUNTY.
St. Lawrence to the river St. Lawrence ; thence up along said river St. Lawrence to lake Ontario; thence along the mar- gin of said lake to the place of begin- ning. Carried in the affirmative, 20 to 16.
" Moved and seconded that so much of the above resolution as respects the south bounds of the town of Leyden be amended in such a way as to leave it optional with the inhabitants of that town to remain with the county of Oneida, or come into the new county. On this amendment the vote was 18 to 18. It was then moved and seconded that so much of the above resolution as respects the south bounds of Leyden be reconsidered, vote stood 18 to 18. It was now moved and seconded that all the country included within the boundaries as agreed to by the above resolution be divided into two counties. The division line between the two and the sites for the same to be established by a disinter- ested committee, to be appointed by the Governor and the Council* of this State. The men to be appointed to live out of, and have no interest in the western dis- trict ; and that during five years no ex- pense to be paid by the counties to be organized as aforesaid for the erection of public buildings. Carried in the affirmative, 20 to 16.
" Motioned and seconded that a com- mittee be appointed to draft a petition to the Legislature of this State accord- ing to the resolutions of this meeting, and to carry the same into effect with the proceedings of this meeting. Said committee to consist of five, and to be chosen from amongst the members at- tending as delegates, and be chosen by ballot.
" The meeting was then adjourned for fifteen minutes in order that the mem- bers might prepare their ballots, on counting which it appeared that Jona- than Collins, Jacob Brown, Henry Cof- feen, Cliff French and Joseph Beals were chosen. Ordered that the secretary sup- ply each of the members of the com- mittee with a copy of the proceedings of this meeting. There being no further
business, ordered that the meeting be dissolved.
JONATHAN COLLINS, Chairman. EGBERT TENEYCK, Secretary."
During the winter of 1804-'05, numer- ous petitions and remonstrances were presented to the Legislature, having in view the division of Oneida county, and of several of its towns. These were re- ferred to the delegation from that county then consisting of George Brayton, Joseph Jennings, Joseph Kirkland and Benjamin Wright, the latter of whom, from his intimate knowledge of the county, and especially of the part em- braced in Macomb's purchase, was em- inently fitted for the duty assigned him. He accordingly, on the 4th of March, introduced a bill for the erection of Jefferson and Lewis counties. Seven days after, it was discussed in a committee of the whole, amended, the blanks filled and clauses added, chiefly relating to the location of the county-seats and the division of the public moneys. On the 12th it passed the House and on the 22d the Senate, receiving from the latter a few amendments which were concurred in by the House. The vote upon its passage is not preserved in the Journals of either House, nor are the amendments of the Senate a subject of record. The bill received the Governor's signature on the 28th of March. As the motives presented to the Legislature to induce the passage of this act, possess perma- nent interest, we here insert the petition circulated extensively throughout the district set off from Oneida. Many copies of it were taken for use in the several towns, and although its author- ship is not stated, it bears within itself the evidence that it emanated from the pen of Jacob Brown :-
To the Honorable the Legislature of the State of New York, in Senate and Assembly convened :
"We, your petitioners, inhabitants of the Black river country, beg leave to rep-
*Probably referring to the " Council of Appointment," composed of the Governor and one Senator chosen from each of the four Senatorial Districts
15
PETITION TO THE LEGISLATURE.
resent, that we humbly apprehend that the time has arrived when our true inter- est and the prosperity of the country in which we are situated, requires a division of the county of Oneida. On this sub- ject there appears but one sentiment in our county, and we flatter ourselves that it will be superfluous to multiply argu- ments to the legislature, to show the pro- priety of a division. We believe that your honorable body will be led to in- quire why we have not presented a re- quest at an earlier period, for we believe that no instance can be produced of so numerous a body of people, spread over such an extensive and highly productive country, so remote from the old settled parts of the county and seat of justice to which they are attached, without pray- ing for and obtaining relief. Relying therefore upon our former experience in the justice and wisdom of your honora- ble body, we pray the legislature to di- vide the county of Oneida by a line * * * [the same as that which now includes Jefferson and Lewis] and we pray the legislature to divide all the coun- try within the aforesaid boundaries into two counties, the division line between the two counties and site in each for the seat of justice in the same, to be established by a disinterested com- mittee to be appointed by the Governor and Council of this State, the men so appointed to live out of, and to have no interest in the Western District. Hav- ing appointed a committee to wait upon the Legislature with this petition, and to make such further representations to the government as they may deem best calculated to promote the interest of this county and the welfare of the State, we shall not go into a detail of our reasons on the subject of this petition, but refer your honorable body to this committee. One subject, however, being of primary magnitude, and involving as we appre- hend the best interest of this country, we cannot pass in silence. That we are not ignorant of the opposition that is pre- meditated to the town of Ellisburgh and Malta being connected with the lower county on the Black river, and that the opposition to this connection is power- ful and respectable, but we humbly pre- sume that we are not mistaken in believ- ing that the prime mover and first cause
of this opposition* is not fully acquainted with the true interests and make of this county, and that when he is rightly in- formed on this subject he will act con- sistent with himself, and not pursue measures so injurious to a respectable portion of his fellow citizens. The town of Ellisburgh and Malta are separated from the Redfield and Camden country by the strong and intelligent hand of Nature, and our duty constrains us to say that they can not be thrown into that county (if one should be organized there) without violating these natural rights and sacrificing the best inter- est. With the Black river country they are strongly cemented by natural boundaries and natural interests, and we flatter ourselves that the Legislature will resist every exertion and influence so deeply injurious to the peace and pros- perity, and so unfriendly to the interest of the State as the separation of the towns of Ellisburgh and Malta from the Black river country, in any arrangement that may be contemplated for the organiza- tion of new counties. Situated on the confines of the dominions of a powerful empire, we flatter ourselves that our country is viewed with an eye of par- ticular solicitude by the government, and fondly cherish the hope that it will with pleasure pursue such measures as are best calculated to increase its strength, and advance its prosperity.
" We therefore conclude by renewing our solicitation that your honorable body will at your present session cause two counties to be organized on the Black river and establish their southern bound- ary agreeable to our request, and your petitioners as in duty bound will ever pray.t
BLACK RIVER, DEC., 1804."
*Referring to Nathan Sage of Redfield ; afterwards of Oswego.
tThe opposing petition referred to in the above was as follows :-
" The petition of the inhabitants of the western part of the county of Oneida respectfully sheweth, that whereas, a convention of delegates from the towns on the Black River has been held, and the members of that convention recommended a division of the county of Oneida, and appointed a committee to carry their reso- lutions into effect, and this committee having drawn a petition directed to the Legislature of this State, setting forth their reasons for and praying such division. We beg leave to suggest the propriety of a general division for we humbly apprehend that the recent controversy in this county respecting a site in it for a seat of justice
16
HISTORY OF LEWIS COUNTY.
The act erecting the two counties ap- plied to them the names of the Execu- tive Heads of the National and State governments respectively at the time of its passage, and read as follows :-
AN ACT to erect part of the County of Oneida into two separate Counties by the names of Jefferson and Lewis, and for other purposes.
Passed March 28, 1805.
"I. Beit enacted by the People of the State of New York, represented in Senate and Assembly, That all that part of the county of Oneida,contained within the following bounds, to-wit : Beginning at the south- west corner of the town of Ellisburgh, on the easterly shore of Lake Ontario, and running along the southerly line of said town; thence along the easterly line thereof to the southwest corner of the town of Malta ; thence along the south- erly line of the said town of Malta, and continuing the same course to the corner of townships numbers two, three, seven and eight ; thence north, along the east
will appear to you a sufficient argument to show the pro- priety of a general and early division.
" We therefore pray the Legislature at their present session to divide the county of Oneida by a line to com- mence on Lake Ontario, at the northeast corner of Ellis- burgh, and run along the north line of Constable's 13 towns to the corner of 3 and 4 on said line, thence south between 3 and 4, 8 and 9, to the north line of No. 13, from thence southeast until the line intersects the main branch of Fish creek, thence down Fish creek to the Oneida lake, thence along the lake and Oswego river lo Lake Ontario, thence along said 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 separate 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 argu- ments 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 es- tablished within 8 or 10 miles of those natural bound- aries on either side, it will require the aid of the Legis- lature at a future period to give that relief to the inhab- itants 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 afore- said 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 peti- tioners as in duty bound will ever pray."
line of the town of Malta aforesaid, to the northeast corner thereof; thence in a direct line to the corner of the towns of Rutland and Champion ; thence along the line between the said town of Cham- pion and the town of Harrisburgh to Black river; thence in a direct line to the bounds of the county of St. Law- rence, to intersect the same at the corner of townships numbers seven and eleven, in great tract number three of Macomb's purchase ; thence along the westerly bounds of the said county of St. Law- rence to the north bounds of this State ; thence westerly and southerly, along said bounds, including all the islands in the river St. Lawrence and in Lake Ontario in front thereof and within this State, to the place of beginning, shall be and hereby is erected into a separate county, and shall be called and known by the name of Jefferson.
"II. And be it further enacted, That all that part of the said county of Oneida, contained within the following bounds, to-wit : Beginning at the southeast cor- ner of the county of Jefferson aforesaid, thence southerly on the westerly line of the town of Turin, to the southwest corner thereof; thence easterly along the south line of said town, to the south- east corner thereof; thence north sixty- two degrees east, along the southerly line of the tract of land known by the name of Macomb's purchase, to the line of the county of Herkimer ; thence north along the said last mentioned line, to the bounds of the county of St. Lawrence ; thence along the southwesterly line of the said last mentioned county to the line of the said county of Jefferson, and thence along the southerly and easterly bounds thereof to the place of begin- ning, shall be and hereby is erected into a separate county by the name of Lewis.
" III. And be it further enacted, That all that part of township number nine, which is comprised within the bounds of the said county of Jefferson, shall be annexed to and become a part of the town of Harrison, in said county ; and that all that part of the said township number nine, comprised within the bounds of said county of Lewis, shall be annexed to and become a part of the town of Harrisburgh in said county.
"IV. And be it further enacted, That
I7
ACT ERECTING JEFFERSON AND LEWIS COUNTIES.
there shall be held in and for the said counties of Jefferson and Lewis, respect- ively, a court of common pleas and general sessions of the peace, and that there shall be two terms of the said courts in each of the counties respect- ively in every year, to commence and end as follows, that is to say: The first term of the said court in the said county of Jefferson, shall begin on the second Tuesday of June in every year, and may continue to be held until the Saturday following inclusive ; and the second term of the said court in the said county of Jefferson, shall begin on the second Tuesday of December, in every year, and may continue to be held until the Saturday following inclusive; and that the first term of the said court in the county of Lewis, shall begin on the said first Tuesday of June in every year, and may continue to be held until the Sat- urday following inclusive, and the sec- ond term of the said court in the county of Lewis, shall begin on the said first Tuesday of June in every year, and may continue to be held until the Saturday following inclusive, and the second term of the said court in the said county of Lewis, shall begin on the first Tuesday of December, and may continue to be held until the Saturday following in- clusive ; and the said courts of common pleas and general sessions of the peace shall have the same jurisdiction, powers and authorities in the same counties respectively, as the courts of common pleas and general sessions of the peace in the other counties of this State have in their respective counties ; Provided always, That nothing in this act con- tained, shall be construed to affect any suit or action already commenced or that shall be commenced before the first terms to be held in the respective coun- ties of Jefferson and Lewis, so 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 State, but all such civil and criminal proceedings shall and may be prosecuted to trial, judgment and execution as if this act had not been passed ; And provided further, That the first of the said courts in each of the said counties, shall be held on the sec- ond Tuesday of December next.
"V. And be it further enacted, That three Commissioners shall be appointed by the Council of Appointment, who shall not be resident in the western dis- trict of this State, or interested in either of the said counties of Jefferson and Lewis, for the purpose of designating scites for the court houses and gaols of the said counties respectively, and to that end the said Commissioners, shall as soon as may be, previous to the first day of October next, repair to the said counties respectively, and after explor- ing the same ascertain and designate a fit and proper place in each of the said counties for erecting the said buildings; and that until such buildings shall be erected and further legislative provision be made in the premises, the said courts of common pleas and general sessions of the peace shall be held at such place in each of the said counties nearest and most contiguous to the places designated as the scites for said buildings, as the said Commissioners or any two of them shall determine and fix on ; and the said Commissioners or any two of them are hereby required as soon as they have designated the places for erecting the said buildings, and determined on the places for holding the said courts, to make out and sign a certificate certify- ing the places designated for erecting the buildings, and the places fixed on for holding the courts in each of the said counties, and to transmit one of the said certificates to each of the clerks of the respective counties who are required to receive and file the same in their respect- ive offices ; and that the said commis- sioners shall be entitled to receive each the sum of four dollars per day, for the time they may be necessarily employed in executing the trusts reposed in them by this act, the one moiety thereof to be paid by each of the said counties.
" VI. And be it further enacted, That the freeholders and inhabitants of the said counties respectively, shall have and enjoy within the same all and every the same rights, powers and privileges as the freeholders and inhabitants of any other county in this State are by law entitled to have and enjoy.
"VII. And be it further enacted, That it shall and may be lawful for all courts and officers of the said counties of Jeffer-
18
HISTORY OF LEWIS COUNTY.
son and Lewis respectively, in all cases civil and criminal to confine their pris- oners in the gaol or gaols of the county of Oneida until gaols shall be provided in the same counties respectively, the said counties paying each the charges of their own prisoners.
" VIII. And be it further enacted, That the distribution of representation in the assembly of this State, shall be three members in the county of Oneida, and one in the counties of Jefferson and Lewis and St. Lawrence, any law to the contrary notwithstanding.
"IX. And be it further enacted, That no circuit court, or courts of oyer and ter- miner and general gaol delivery, shall be held in either of the said counties of Jefferson and Lewis, until the same shall, in the opinion of the justices of the Supreme Court, become necessary.
"X. And be it further enacted, That the said counties of Jefferson and Lewis shall be considered as part of the west- ern district of the State and also as part of the fifteenth congressional district, and that as it respects all proceedings under the act, entitled ' An act relative to district attorneys,' the said counties shall be annexed to and become part of the district now composed of the coun- ties of Herkimer, Otsego, Oneida and Chenango.
"XI. And be it further enacted, That as soon as may be after the first Monday of April, in the year one thousand eight hundred and six, the supervisors of the said counties of Oneida, Jefferson and Lewis, on notice being first given by the supervisors of the said counties of Jeffer- son and Lewis, or either of them for that purpose, shall meet together by them- selves, or by committees appointed by their respective Boards, and divide the money unappropriated belonging to the said county of Oneida, previous to the division thereof, agreeable to the last county tax list.
" XII. And be it further enacted, That the votes taken at the election in the said counties of Jefferson, Lewis and St. Lawrence shall be returned to the clerk of the county of Jefferson, to be by him estimated and disposed of as is directed by the statute regulating elections.
" XIII. And be it further enacted, That all that part of the town of Leyden re-
maining in the county of Oneida, shall be and remain a separate town by the name of Boonsville,* and the first town meeting shall be held at the house of Joseph Denning, and all the remaining part of the town of Leyden, which is comprised within the bounds of the county of Lewis, shall be and remain a town by the name of Leyden, and the first town meeting shall be held at the dwelling house of Hezekiah Talcott.
"XIV. And be it further enacted, That as soon as may be after the first town meeting in each of said towns, the super- visors and overseers of the poor of the said towns of Leyden and Boonsville,* shall by notice to be given for that pur- pose by the supervisors thereof, meet together and apportion the money and poor of said town of Leyden, previous to the division thereof according to the last tax list, and that each of said towns shall thereafter respectively maintain their own poor."
It will be noticed, that as originally bounded, the town of Pinckney was di- vided by a line running from the north- west corner of Montague, to the west angle of Denmark, and that east of the river the line was direct from the cor- ners 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 en- tirely within this county upon its organ- ization, in 1808, and the line east of the river has since been twice amended, as stated in our history of Diana.
The boundary between Lewis and Herkimer counties has never been defi- nitely located by actual survey. It was directed to be done by Chap. 169, laws of 1852, under the supervision of the commissioners of the Land Office, but funds were not appropriated, and the work was not done.
In 1881, Mr. Colvin was directed to survey the line, and found the southeast corner, from whence he ran about a mile
* Uniformly since written "Boonville."
19
GENERAL MORGAN LEWIS.
northward, and then stopped for want of funds. In 1882, the measure was again brought up by the member from Lewis county, but did not reach a re- sult.
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 Independence, was born in New York city, October 16, 1754, graduated at Princeton College in 1773, and entered the law office of John Jay. In June, 1775, he joined the army before Boston, as a volunteer, in a rifle company of which he was chosen cap- tain, in August: In November, he was appointed major of the 2d regiment of which John Jay was colonel, but as pub- lic duties withdrew the latter from the command, it fell upon Lewis. In June, 1776, he accompanied General Gates into Canada, as chief of his staff, and was soon after appointed Quarter-Master General for the Northern Department, 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 General Clin- ton on an expedition up the Mohawk against a body of partizan troops under Sir John Johnson. In 1780, he accom- panied Clinton to Crown Point to inter- cept the enemy who had made an incur- sion upon that frontier. At the close of the war he was appointed Colonel-Com- mandant of a volunteer corps, and had the honor of escorting General Wash- ington at his first inauguration as Pres- ident. He settled in the town of Clin- ton, Duchess county, in the part since known as Hyde Park, and in 1792, erected a house there, which was burned in 1832.
In 1790 and 1792, he was elected to the Assembly from New York city; in 1791, appointed Attorney-General, and in
1804, elected Governor for a term of three years, against Aaron Burr, by a vote of 30,829 to 22,139, and at the next election for Governor he was beaten by Daniel D. Tompkins. In 1810, he was chosen to the State Senate from Duchess county, by a largef 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.
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