USA > New York > Putnam County > History of Putnam County, New York : with biographical sketches of its prominent men > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71
67
GENERAL HISTORY.
the tribal divisions of the Mahicans, whose name is known, not only in the prosaic pages of history, but is embellished with all the.charms of romance, by the matchless genius of the greatest of American novelists.
The Wappingers were divided into chieftaincies, and of these one was the Nochpeems,' who were said to occupy the high- lands north of Anthony's Nose. Van der Donck, one of the earliest writers of this portion of the country, assigns them three villages on the Hudson; Keskistkonck, Pasquasheck and Nochpeems; but their principal village was Canopus, which was situated in a valley which is one of the most important topo- graphical features of Putnam county, and known as Canopus Hollow. The principal residence of the tribe was north of the Highlands, and on the borders of the Wappingers Creek; but that they were generally included in the name of Highland In- dians, is shown by a sentence in a letter from Governor Love- lace to Governor Winthrop, December 29th, 1669:
" I believe I can resolve your doubt concerning what is meant by Highland Indians amongst us. The Wappingers and Wick- eskect, etc., have always been reckoned so."
Of all their possessions there are but few perfect transfer titles on record and one is a deed by which "Sackereglikigh for himself and in the name of Megrieskin Sachem of the Wap- pinger Indians," and other Indians sold the land included in the Rumbout Patent. The original deed by which the land in Put- nam county was conveyed to Dorland and Seabrant, who trans- ferred their title to Adolph Philipse, is still in existence, and our knowledge of the facts connected with it is derived not only from this, but from the statements made in the documents concerning the claim of the Sachem David Nimham. All men- tion of this tribe seems to indicate that they were of a warlike and savage nature. At the time of the outbreak of war against the Dutch, in 1643, "Pachem a crafty man, ran through all the villages urging the Indians to a general massacre." "The first aggressive act was by the Wappingers, who seized a boat coming from Fort Orange, killed two men and took four hundred beaver skins." It was only after a sanguinary struggle that the various tribes were subdued, and in 1645, a treaty was concluded between the Dutch and the various River Indians, among whom were included the " Wappinex." This treaty continued till the
' Ruttenber, " Indian Tribes of Hudson's River," page 80.
68
HISTORY OF PUTNAM COUNTY.
time of the English conquest, though they were frequently en- couraged to unite with other tribes in a general revolt. After the conquest of 1664, every effort was made by the English to remove the cause which had led to so much trouble under the Dutch, and one agreement, which was of the greatest import- ance, was that no purchase of land of the Indians should be esteemed a good title, without leave first had and obtained from the governor, and that after such leave the purchaser should bring before the governor "the Sachem or right owner," to acknowledge satisfaction and payment, when all proceedings should be entered on record, and constitute a valid title. Their adherence to the English is shown by the fact that, in the war with the French, in 1689, the Wappingers or "Indians of the long reach " as they were called, accepted an invitation to take part in the war, and with their head sachem and all the males of the tribe able to bear arms, went to Albany and thence to the field. Throughout the long struggle between the French and English, the Wappingers bore an important part. Moving their families to Stockbridge, they furnished a corps of about three hundred in the war of 1754, and after the war "they demanded restitution from the Abenaquis for the loss of one of their number, and delayed the consummation of peace with them till 1762." In 1774, Governor Tryon writes:
" The river tribes have become so scattered and so addicted to wandering that no certain account of their numbers can be obtained. These tribes, the Wappingers of Dutchess county, etc., have generally been denominated River Indians and con- sist of about three hundred fighting men. Most of these people at present profess Christianity and as far as in their power adopt our customs, the greater part of them attended the army in the late war."
As the name of Wappingers has passed into history, it may be proper here to add a word as to its origin and significance. The name has been greatly corrupted from its original form. It is supposed to be derived from the words Wahum, east; and aoki, land or place; and as applied to the Indians themselves may be rendered Eastlanders, or men of the east.
After the peace a remnant of the tribe returned to the vicinity of its old abiding place, and found the whole region sparsely settled by tenants of the landed proprietors to whom the lands had been granted by the crown. There was no place in which they could stay in peace. The good lands had of course been
69
GENERAL HISTORY.
the first to be occupied by the whites, whose advancing settle- ments elbowed the Indians out of all except the rocks and morasses. Whether, strictly speaking, the Indians were wronged may be a question. But they were destitute, and saw themselves more and more closely hemmed in by those who occupied the lands they had once possessed. And, sometimes aided by sympathizing whites, too often instigated by designing ones, such was the basis of the controversies that long dis- turbed the frontier. With regard to the Philipse settlements these were of great historic interest. Upon the return of the Wappingers in 1762, they found their lands in possession of the heirs of Adolph Philipse. Some of the papers relating to the controversy are still in existence in the office of the secre- tary of State and in the papers of the Philipse family, and as they have never appeared in print, no apology is offered for presenting them somewhat in full. In addition to the state- ment of the claims certain incidental allusions throw great light upon the early settlement of the eastern portion of the county.
About 1763 a number of the Philipse tenants renounced their leases and, taking others from the Indians, continued to occupy the land but refused to pay rent to those claiming under the patentee, who brought ejectment and succeeded in ousting the occupants. But the defeated tenant was invariably irresponsible, the Indians more so, and, though successful from a legal point of view, the Philipse representatives found themselves put to great and increasing harrassment and expense. Snits at law having thus proved an inefficient remedy, under advice of their counsel, William Livingston and James Duane-both soon to become so famous-they decided to appeal to the Chancery jurisdiction. Under the then charter the Governor in Council constituted the High Court of Chancery of the colony. And on the 6th day of February, 1765, was presented to this tribunal the petition, an abstract of which is given in the minutes of the Council, from which the following is taken :
" At a Council held at Fort George in the City of New York on Wednesday the sixth day of Feb- ruary, 1765.
Present The Honoble Cadwallader Colden, Esqr Lieut. Governor &ct. Mr. Horsmanden Mr. Walton
Mr. Smith
Mr. Delancey
Mr. Watts
Mr. Reade.
70
HISTORY OF PUTNAM COUNTY.
"The Petition and Memorial of Roger Morris, Beverly Rob- inson, and Philip Philipse, Proprietors and Owners of a Tract of Land granted by the Letters Patent of his late Majesty King William the third, under the Great Seal of this Province, bearing date the 17th day of June 1697, unto Adolph Philipse late of the City of New York deceased, lying in the County of Dutches, and farther bounded, as by the said Letters Patent may Appear : Was laid before the Board and Read; Setting forth, That one Samuel Monroe, who formerly setled a part of the said Tract of Land, as Tenant under the said Adolph Philipse, combining with several other Persons, and partici- larly with Stephen Wilcocks and Charles Peck, how to distress the Memorialists, hath lately Spirited up several Indians, to lay claim to the said Tract of Land, as the native and Original Pro- prietors thereof, under the pretence that the same was never purchased from the Natives, and that the said Indians are the true Owners thereof, and have a Right to Grant and dispose of the same Notwithstanding any Grant or Patent from the Crown. That the said Samnel Munroe and his Confederates, did cause the said Indians to elect him their Attorney and Guardian, to enter upon and take possession of the said premises, and to lease lett and sell the same. Who in pursuance thereof, had by Publick Advertisement notifyed a Time and place, for persons to appear to be informed as to the Reality of the said Indian Claim; and to take Leases of the said Lands; and that in Con- sequence thereof sundry persons residing within the Bounds of the said Tract of land, and others, have appeared and were offered Leases by the said Samuel Munroe for 99 Years for any Farms within the same; and that the said Samuel Munro, together with Nimham the principal of the said Indians, threatens to. turn every person refuseing such Leases, out of possession. By means whereof several of the Memorialists Tenants have been induced to take and hold nnder such Leases, and others who setled without Leases, refuse to take Leases from the Memori- alists, bnt claim to hold as tenants to the said Indians, hoping by their Strength and Numbers to dispossess the Memorialists of the said Tract of Land. And that as the proceedings of the said Samuel Munroe and his Confederates, do manifestly tend to the Disinherison of his Majesty; and the Memorialists cannot apply any adequate Remedy in the Common Course of the Law-The Memorialists therefore humbly pray the Interposi- tion of this Board and such Relief in the premises as to his Honour shall seem fit and reasonable.
"On reading whereof It is ordered that the said Petition be referred to the Gentlemen of the Council or any three of them, whereof one of the Judges to be one."
The committee thus appointed made a report to the Governor in Council March 6th, 1765, from which the following is quoted:
71
GENERAL HISTORY.
"May it please Your Honour.
"In Obedience to your Honour's Order in Council of the sixth of February Instant, referring to a Committee of the Gentlemen of the Council, or any three of them, whereof one of the Judges to be one, the petition and Memorial of Roger Morris, Beverly Robinson and Philip Philipse *
* * * the Committee hav - ing maturely weighed and considered the same, humbly beg leave to report to Your Honour
"1st. That it appears to this Committee that the Tract of Land mentioned in the said Petition and Memorial, was duly purchased of the Natives, and does now belong to the said Memorialists, who have within the Bounds thereof a considera- ble Number of tenanted Farms and Improvements.
"2dly. That on the seventeenth Day of November last, five Indians, known by the Names of Stephen Kounhum, Daniel Nimham, One-pound Packtown, Jacob Aaron, and Jacobus Nimham, did chuse and elect one Samuel Monroe of Dutchess County aforesaid, by an Instrument in Writing of that Date, their Attorney, and Guardian of their Persons and Estates, for them to enter upon and take possession of their Messuages Lands, Tenements, Hereditaments and Premises, in the said County of Dutchess, and the Profits thereof to. take, till they shall be better capable of transacting their own Affairs, and that the Messages Lands, Tenements Hereditaments and Premises, meant and intended by the said Instrument, are contained within the Bounds of the said Patent, and claimed by the said Indians, as the native Owners and proprietors thereof, and without any Grant or patent from the Crown.
"3dly: That in order to give the greater Weight to the said Instrument, it was taken and acknowledged by the said Indians, before Jacobus Terboss, one of the Judges of the Court of Com- mon Pleas for the said County of Dutchess, and John Akin, one of his Majesty's Justices of the Peace for the said County, and by them allowed and subscribed, which appears to this Committee snch an Abuse of their respective Offices, and so dangerous a precedent for encouraging Indian Claims against the Rights of the Crown, and in Disinherison of his Majesty, that the Committee is humbly of Opinion, that an Order of Your Honour in Council ought to be served on the said Terboss and Akins, for them to shew Canse why they ought not to be dis- placed for snch Misconduct
"4thly: That the said Daniel Nimham, one of the Indians above mentioned. did some time in June or July last give a Lease to one Stephen Wilcocks for the Lands, on which the said Wilcocks then lived, lying within the Bounds of the said Letters Patent, for nine hundred and ninety-nine Years, and that the said Samuel Monroe and Stephen Wilcocks, at the same time entered into an Obligation to the said Daniel Nimham, to defend his Title, as a Native Indian to the said Lands.
72
HISTORY OF PUTNAM COUNTY.
"5thly: That Daniel Monroe, Son of the said Samuel Monroe, and one Joseph Craw, have also taken two several Leases, from the said Daniel Nimham for two several Farms, lying within the Bounds of the said Letters Patent, and severally entered into Obligations to him, for the payment of their respective Rents.
"6thly: That it further appears to the Committee, that the said Samuel Monroe, has at a Publick Meeting of many People, on the Subject of the said Indian Claim, read or cause to be read Your Honour's Proclamation grounded on his Majesty's ad- ditional Instruction, relative to Lands reserved by Indians, and insisted that the said Proclamation extended to and sup- ported the aforesaid Indian Claim. And that it also appears to us, that the said Samuel Monroe has caused Copies of the said Proclamation to be publickly fixed up, to countenance and give Colour to the said Claim, has openly and repeatedly avowed, that he mantained the said Indians Claim, and declared that the same was well founded, that the Claim to those holding under the said Patent from the Crown to the said Adolph Philipse was without Title, laboured to convince their Tenants, that they would be ruined, and threatned the said Tenants with Ruin, if they continued to hold under their said Landlords.
"7thly: That by reason of the above Practices of the said Samuel Monroe, and the Indians aforesaid, and his Abuse and Perversion of the said Proclamation, great Numbers of persons resideing within the Bounds of the said Patent, are deluded into a Belief of the Validity of an Indian Title against the Grants of the Crown, which by stirring up the Indians to simi- lar Claims, may be attended with Dangerous Consequences to the peace and Tranquility of the Province, and greatly dis- courage the farther Settlement and Improvement of the Country "8thly: The Committee humbly conceive that the said Sam- uel Monroe, in granting Leases for any Lands within the Bounds of the said Patent, as Attorney and Guardian to the said In- dians as Native proprietors thereof, And the said Daniel Mon- roe, Joseph Craw and Stephen Wilcocks by accepting Leases from the said Indians for Lands already patented by the Crown,. do in Fact set up the Title of the Natives as paramount to the Rights of the Crown, and to the Disinherison of his Majesty, and have thereby been Guilty of a high Misdemeanor, and that the said Samuel Monroe and Stephen Wilcocks, by their oblig- ing themselves to defend such Indian Titles and Claims, and the said Daniel Monroe, Joseph Craw and Steplien Wilcocks in ac- cepting the said Leases are Guilty of Maintenance and punish- able at the Suit of the King
"That the Committee therefore in Vindication of his Majes- ty's undoubted Right to all the Lands in his Dominions as Su- preme Lord which is presumptuously impeached by such pre- tended Title advise your Honour to direct his Majesty's Attorney
73
GENERAL HISTORY.
General to exhibit Informations in the Supreme Court against the said Samuel Monroe, Daniel Monroe, Stephen Wilcox and Joseph Craw for their respective Offences aforesaid
" All which is nevertheless submitted.
"By Order of the Committee " DANL: HORSMANDEN "Chairman.
"New York the 6th March, 1765."
The Minutes of the Council proceed:
" Which Report on the Question being put was agreed to, and approved of. And it is ordered by his Honour the Lieutenant Governor with the Advice of the Council, that a Copy of the said Report of this Order be delivered to his Majesty's Attor- ney General, and that he do forthwith exhibit Informations against Samuel Monroe, Daniel Monroe, Stephen Wilcox and Joseph Craw named in the said Report, for the Matters therein particularly mentioned."
Meanwhile the Indians had not been idle. There was no pos- sible defense to the proceeding instituted by the Philipse heirs. The prerogative of the Crown was held sacred and the produc- tion of the royal grant an absolute bar at law and in equity to any proceeding in derogation of the title purporting to be there- by granted, except one-an appeal to the representative of the crown, and, upon suggestion of abuse of the royal confidence, a proceeding to have the patent annulled by a new exercise of the prerogative. The Indians seem to have been well advised, and such an appeal was made, as the following shows:
(LAND PAPERS XVIII, 127.)
" To the Honorable Cadwallader Colden, Esquire his Majestys Lieutenant Governor and Commander in Chief of the Province of New York, and the Territories depending thereon in America.
" The Petition of David Nimham, Jacobus Nimham, One Pound pocktwo Stephen Cowenham, and other Native Indians of the the Tribe of Wappinger.
" Most Humbly Sheweth
"That they and their Tribe for Time Immemorial, by their Native Right have been in possession of certain Tracts of Land Scituate lying and being in the Sonthermost part of Dutchess County; adjoining the Northermost part of Westchester County, both within the province of New York; which right Your pe- titioners are come down with their proper Vouchers and Evi- dence to satisfy your Honor touching the reality thereof.
" That the cause of this application is owing to the Encroach- ment of several persons, who have for a Series of Time past, Step by Step, very illegally seated themselves upon and do now
74
HISTORY OF PUTNAM COUNTY.
occupy and possess the said Tracts of Land, to the Manifest Wrong and Injury of your petitioners and contrary to the especial Orders and directions of the British Crown; complaint whereof hath often been made by the said Tribe without Redres. " That the Rise and Foundation of your Petitioners past and present complaints, are chiefly from a Patent which appears on Record in the Secretary's office in Lib. No. 7, page 119, bearing Date the Sixteenth Day of June One Thousand Six Hundred and Ninety-Seven, whereby the Land so claimed by your Peti- tioners to these first Rights and property is granted to Adolph Philipse; the description of which said Land in and by the Abstract hereunto annexed fully appears.
" That your Petitioners utterly deny those lands were ever purchased of their Tribe, for any valuable or other considera- tion whatever by the said Adolph Philipse; and therefore said Patent must have been by some misrepresentation (with respect to any legal purchase) unfairly obtained, to the great disturb- ance and annoying your Petitioners in the the peaceable and quiet Enjoyment thereof.
" That your petitioners are a Tribe (with humble Submission) well known to have at all Times demeaned themselves in a de- cent becoming manner, and have on all occasions, to the utmost of their power and ability, at the risque of their Lives, assisted in defending the Territories of their dignified King and Governor, who by his Royal proclamations from Time to Time issued, hath promised protection to the persons and Property of your Petitioners.
" Who Therefore in the most supplicant manner, thus per- sonally present and lay before Your Honor as His Majesty's representative this their Complaint and great Grievance, firmly relying on your protection, direction and Assistance as far as consistent in your Honour's wise Judgment; and agreeable to his Majesty's Instruction in his Royal proclamation, given at St. James the ninth Day of December One Thousand Seven Hundred and Sixty-one, and in the Second Year of his Reign, for which your Petitioners as in Humble Duty bound will ever Pray &c.
" New York, March 1st, 1765.
" Your Honor will be pleased to observe that there are several of your petitioners Evidences at- tending (with themselves) at a very great Expense therefore your petitioners humbly sue for your Honours answer.
his " DANIEL X NIMHAM. mark his
" ONE POUND X POCKTONE. mark. his " JACOBUS X NIMHAM. mark his " STEPHEN X KOWNHAM." mark.
75
GENERAL HISTORY.
Proceedings in Chancery were more summary then than in later days. The Philipse representatives were summoned forthwith and a trial immediately had. The occasion was a dramatic one. The Lieutenant-Governor presided, and about him sat his council, the magnates of the province, including the Earl of Stirling and the Judges of the Supreme Court. Nimham, the Indian King, appeared in person with his principal subjects, and was assisted by Munroe. Roger Morris and Beverly Robinson appeared in person for the representatives of the patentee; and then and there was summarily decided the claim upon which the survivors of the great Wappinger nation had staked their last chance for a foothold in the land their an- cestors had ruled. No other description can be so graphic as the Minutes of the Council. We quote:
" At a Council held at Fort George in the City of New York on Wednesday the sixth day of March, 1765.
Present:
" The Honble Cadwallader Colden, Esqr. Lient. Governor, &c. Mr. Horsmanden, Mr. Delancey,
Mr. Smith, Earl of Sitrling,
Mr. Watts, Mr. Reade, Mr. Walton,
" His Honour the Lieutenant Governor laid before the Board a petition of Daniel Nimham, Jacobus Nimham, One Pound Poc- tone, Stephen Cowenham, and other Native Indians of the Tribe of Wappinger, Setting forth, that they and their Tribe for Time immemorial by their Native Right, have been in possession of certain Tracts of Land in the Southernmost part of Dutches County, adjoining the Northernmost part of Westchester County. * * *
" On reading whereof the four Indians named in the Petition were called in, together with Samuel Munroe their Guardian who attended with them. And Roger Morris and Beverly Robinson, who hold lands under the said Patent, being also present the said Indians were asked what they had to say or to produce in Support of their Claim. Whereupon Daniel Nimham who spoke for himself, and interpreted what the rest said, informed the Council they claimed the Lands under their Ancestors who had never sold them. The said Beverly Robinson then produced an Original Deed, signed by Tachquararos, Cowenhahum, Siengham, Shawiss, Sipowerak, Cramatacht, Wassawawogh, and Mecopap Native Indians and proprietors of sundry tracts of Land in Dutches County, bear- ing Date the ' 13th August 1702, sealed and delivered in the presence of J. V. Cortlandt, William Sharpas, Philip Van Cort-
76
HISTORY OF PUTNAM COUNTY.
landt, Blandiena Bayard, and of three Indians subscribing Witnesses thereto, whereby the said Indian Grantees convey all their Right and Title to the Lands therein mentioned (being the same Lands, and described in the same Words as those Granted by the Patent aforesaid) to the said Adolph Philipse and to his heirs and Assigns for Ever. And the Names. of the said Indian Grantees being repeated to the Petitioners present, the petitioner One Pound poctone, who declared him- self to be eighty Years of Age said he knew them all-And the Board knowing the four Witnesses first named to have been principal People at the Time of the Transaction; and the Hand Writing of William Sharpas one of the Witnesses, and who ap- pears to have wrote the Deed, being well known, His Honour the Lieutenant Governor informed the Petitioners, that himself and the Gentlemen of the Council were of Opinion, that their An- cestors had fairly sold their Right to the Lands in Question. That they as their Descendants had no Claim to the Lands, and that they should give the Proprietors or their Tenants no farther Trouble, but suffer them to remain quiet and unmolested in the Possession of what so clearly appeared to be their Property."
Beaten, but not discouraged, the Indians attempted to secure the assistance of Sir William Johnson who had so successfully intermediated in controversies between the Indian tribes and the English. But he declined to interfere. Nimham then went to England and presented his claims to the Lords of Trade, who communicated in regard to the matter with the Colonial Governor, Sir Henry Moore. In his report to the Lords of Trade Governor Moore wrote that the proceedings lately had in regard to the Wappinger Indians had been "thoroughly examined in the presence of a great con- course of people." In this examination they had been given every opportunity and no advantage was taken of technical points or their ignorance of legal matters. He also reports that in 1766, riots had occurred in Dutchess county, and great disturbance, the Indians being at the bottom of it. It was re- ported, and he believed with truth, that the Indians were in the habit of selling their lands over and over again, to any who were willing to purchase. The Lords of Trade also reported in regard to the petition of the Indians. The substance of the re- port was a relation of the claims as narrated in preceding pages. It is also stated that the Indians had previously chosen a guar. dian, and brought their case before the courts, and were defeated in the trial; that they had then appealed to the Governor and Council, who reported that the claim was groundless and that
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.