History of Suffolk county, New York, 1683, Part 104

Author: W.W. Munsell & Co., pub; Bayles, Richard M. (Richard Mather); Cooper, James B. (James Brown), 1825-; Pelletreau, William S. (William Smith), 1840-1918; Street, Charles R. (Charles Rufus), 1825-1894; Smith, John Lawrence, 1816-1889
Publication date: 1882
Publisher: New York : W.W. Munsell & co.
Number of Pages: 677


USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 104


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This case has often been brought into needless prom- inence as a reproach against the fair fame of this ancient town, but in no sense can this be construed as persecu- tion for opinion's sake. It was rather a just punishment (severe indeed according to modern views) for disturb-


ance of worship, and it is pleasant to find even in this aggravated case the judges leaning to the side of mercy. Instead of blaming our ancestors for not seeing more clearly in the darkness of their night we should be thank- ful that it is our fortune to live in a day when the true light shineth.


GOVERNMENTAL RELATIONS.


The first important change in the political affairs of the town was in 1662, when the town, under the jurisdic- tion of New Haven, became merged in the colony of Connecticut. The submission of this town to the new order of things was announced to the General Assembly at Hartford by Captain Youngs, who was accepted as a freeman, and a commission of justice was granted to him and he was directed to order the inhabitants to choose a constable. There was much opposition to this union, so much that in 1663 complaint was made to the court at Hartford of the unsettled state of Southold, and the court desired Mr. Allen and Mr. Wyllys to go thither and take the assistance of the magistrates of Long Isl- and in settling affairs.


As it was essential to the safety of the town that the inhabitants should be constantly on guard against the at- tacks of the Indians it was required that every male from 16 years old to 60 should be furnished with a gun and sword, a pound of powder, four fathoms of match, five or six good flints, and four pounds of bullets, under the penalty of Ios. for each default. There were to be six training days in the year and a review once a quarter, and the town was to keep on hand 100 pounds of pow- der and 400 pounds of shot. One-fourth of the soldiers were required to come to the meeting-house fully armed on the Lord's day, and a sentinel was on guard during the service; the guns meanwhile were placed in racks standing near the door. One of these has been preserved and may now be seen in the rooms of the Long Island Historical Society, an interesting relic of a long past age. These precautions and a uniformly just course of dealing had the desired effect, and the only notice we have of any damage done by Indians was the destruction of some oxen belonging to Mr. Wells, which loss was made good by the town at large.


formed the English towns that Connecticut had no longer a claim on them, and that in the future they must consider themselves the subjects of His Royal Highness.


But it requires something more than the patent of a king and the orders of a governor to change the wishes, the thoughts, the disposition and the prejudices of a


.


14


THE TOWN OF SOUTHOLD.


people, and from that time to the present, though belong- ing to another jurisdiction, the eastern towns on Long Island have continued to be an integral part of New England to all intents and purposes, and in all modes of


The expedition of Councilor Steenwick seemed doomed to failure from the very start. On the first day thought and action, as much as any portion of the his men were cast ashore; the next they nearly upset the "land of steady habits." Immediately after the conquest boat, and were in imminent danger; on the third they broke the cable and lost the anchor; on the fifth they met a hurricane, and the next day lost their boat. Governor Richard Nicolls set a message to Major John Howell and Captain John Youngs, as representing the towns of Southampton and Southold, to the effect that the boundaries of the province had been fully determin- ed and that Long Island was included in its limits; that as it was the winter season he did not judge it con- venient to put the people to the trouble of sending deputies at present, but as soon as the season permitted notice of time and place of meeting would be sent; that in the mean time all officers were to hold their positions under the Duke of York; that no tax had been levied, but the inhabitants might be assured of as great freedom as any of the colonies; and finally that he expected no other service than that they should assist in defending the province, as they had already assisted in reducing it to His Majesty's sway.


To this manifesto the town sent an immediate and re- spectful reply, informing the governor that, according to ·his command and in pursuance of his "sage and sound advice," the citizens had elected William Wells and Cap- tain John Youngs to attend to any matter relating to all or any of the several towns, "and to that end wait upon your honor at the tyme and place assigned by your let- ter of the eighth of this present ffebruary 1664." Ac- companying this was a list of propositions which they desired might be granted, of which the following is an abstract:


I. That a law might be enacted securing to them their lands in free and common soccage.


-


2. That the freemen might choose their civil officers.


3. That the militia of the town might choose .their own officers; that the inhabitants should not be obliged to pay for any fortifications except what might be within their own bounds, and that their soldiers might not be required to train beyond their own limits.


4. That there might be three courts in the town each year; that one or two assistants might be chosen by the town to sit with the magistrates, and that they might have power to try all except capital cases, and to decide without appeal all cases under £5.


5. That on account of their remoteness they might have some mitigation in the charges of general courts.


6. That no magistrate should have any "yearly allow- ance."


7. That no tax should be levied without the consent of the majority of deputies to the general court.


This is dated February 22nd 1664 (O. S.).


The recapture of the province by the Dutch in 1673, and the attempt to bring the eastern towns under their jurisdiction, may be briefly told. On October Ist the naval sloop "Zee Hond," with Councilor Cornelius Steenwick, was sent to visit these towns, which had showed no inclination to accept the situation, and evi-


dently had no more intention of submitting to Dutch law than they had of adopting the Dutch language.


However, on the 7th of November they reached the village of Southold and had an interview with the princi- pal inhabitants and the commissioners from Connecticut. This interview occurred at the house of Thomas Moore, in the eastern part of the village, where the residence of William Y. Fithian now stands. The unpopularity ot the Dutch mission soon showed itself in a most unmis- takable manner. It seems that Thomas Moore and Thomas Hutchinson had been appointed magistrates. The former refused to accept the doubtful honor; the latter absented himself and could not be found. Isaac Arnold, who had been sworn in as sheriff (being in New York when the city was taken), hastily resigned, declar- ing that it was not in his power to execute the office, and that the inhabitants had threatened to plunder his house. John Cooper, of Southampton, was present, and advised the commissioner in rather emphatic language not to bring his flag within gunshot of that village. It is need- less to say that the mission was a failure, and it is not surprising that the Dutch party concluded not to visit the other villages, " fearing they might do more hurt than good." The next year New York once more came under English control, and the colonial government began, and lasted till the Revolution.


It was the desire of the people of this town to be con- tinued under the jurisdiction of Connecticut, and at a meeting held November 17th 1674 they manifested their disinclination to be brought under the dominion of the Duke of York. A committee was appointed, consisting of Rev. Joshua Hobart and Thomas Hutchinson, to act with similar committees from the neighboring.towns.


THE ANDROS PATENT.


Edmond Andros, the new governor, was not a man to be trifled with. He had received orders to bring these towns into subjection, and his orders were obeyed to the very letter. Each town was required to take a pat- ent for its lands, in that way acknowledging the title of the Duke of York. In the fall of 1676 a letter of remon- strance was sent by this town, and also one by South- ampton, giving their reasons for declining to take a pat- ent. A copy of the letter from Southold is among the papers in the town clerk's office in Southampton. will give an abstract of its contents:


We


I. We conceive that we have a just and lawful right to our land without a patent, having purchased the land of the natives, by the approbation of Lord Stirling's agent.


2. We have possessed our lands above 30 years, which is a matter of some weight in law.


3. We conceive that the law for each town to take a


THE TOWN OF SOUTHOLD.


patent was made for the inhabitants of the west, who lived under a foreign government.


4. Because it seems a new and strange thing that each plantation on this island should take a patent. We never heard of any such practice in England.


5. We apprehend that where patents are made use of the terms are expressed between him who grants and them to whom it is granted; but it does not seem to be so in the patent here imposed.


6. The proclamation of Governor Nicolls in 1664 as- sured to the inhabitants the full and peaceable possession of their lands. "The truth is (to speak plainly) wee cannot be free to pass over our owne proper right to our lands into other men's hands, and put ourselves & suc- cessors into a state of servitude; if soe, then who would pitty us or helpe us " ?


The stern answer of Andros and the court, giving them a limited time in which to comply with the law, brought both towns to terms, and steps were taken to ob- tain the patent required.


Governor Andros's patent for Southold (dated Octo- ber 31st 1676) describes the territory, "Ye western bounds whereof extend to a certain River or creek called ye wading creek, in ye Indian tongue Pauquacunsuck, and bounded to ye eastward by Plum Island, together with ye said Island; on ye North with ye sound or North sea, and on ye South with an arm of ye sea or River which runneth up betweene Southampton land & ye aforesaid tract of land unto a certain creek which fresh water runneth into, called in English ye red creek, by ye Indians Toyoungs, together with ye said creek and meadows belonging thereunto (not contradicting ye Agreement made between their town and ye town of Southampton after their tryal at the Court of Assizes); soe running on a streit line from ye head of ye afore- named fresh water to ye head of ye small brook that runneth into ye creek called Pauquacunsuck; including all ye necks of land and Islands within ye aforedescribed bounds and limits." The instrument then proceeds to confirm the possession of the same to Isaac Arnold, jus- tice of the peace, Captain John Youngs, Joshua Horton, Benjamin Youngs, Samuel Glover and Jacob Corey, overseers, as patentees for themselves and their associ- ates the freeholders and inhabitants of the said town, their heirs, successors and assigns. "The tenure of said lands to bee according to the custome of the manor of East Greenwich in the county of Kent in England, in free and common soccage and by fealty only. * *


* I doe likewise confirme and grant unto the sd Patentees and their associates, the heires, successors and assigns, all the priviledges and Immunities belonging to a Towne within this Government; * *


* they making im- provement on the sd land, and conforming themselves according to law, and yielding and paying there for. yearly and every year, unto his Royal Highness's use, as a quit rent, one ffat lamb."


The quit-rent mentioned was paid more or less regu- larly, but was sometimes largely in arrears. Eight lambs were delivered on the 6th of November 1684.


After obtaining the patent the patentees named pro- ceeded to give a deed of confirmation to the freeholders, or " associates," as they are called in the patent. This deed seems to recognize in the strongest manner the fact that certain persons and those only had rights in the undivided lands, and that the fact of simple residence in the town did not entitle a person to a right in common- age or constitute him what in Southampton would be termed a " proprietor " and in this town a " commoner." The following is the deed of confirmation:


"To all Christian people, greeting. Know yee that we ye under written, having this yeare received a Patent from Sr Edmond Andross, Knight, Govarnor for his Royall Highness the Duke of York and Albany, and dated at New York in ye 31 day of October in ye yeare 1676, in ye behalfe of our selves and of all the free- holders Inhabitants of this Towne, who are there in called Associates, wherein is contained a confirmation of all ye Lands pertaining to and now in the possession of the respective freeholders of sd towne of Southold, with all such rights, liberties, and properties, as are more at large in sd patent contained, all which ffreeholders wee doe fully own, admit and declare to be our onely as- sociates in sd Patent, and no others; to whom we do hereby give full power to, To have and to Hold, possess and enjoy; to themselves, their heirs and assigns for ever, all such comon rights as are contained in sd Patent, and all such particular shares and allotments which are now in their possession, as fully, amply and freely as if they and every of them had been therein named. And in further confirmation of all their properties and shares in the premises, to such our Associates, their heirs forever, we have caused to be recorded in the page next following all such particular rights, tracts and parcells of Land as doe of right appertain and belong unto them, their heirs and assigns in said patent and Township. In testimony whereof we the patentees have hereunto affixed our hands and seals, in Southold ye 27 day of December in the 28 yeare of the reigne of our Sovereign Lord Charles .the 2nd of England, Scotland, France and Ireland, King, defender of the faith &c., and in ye yeare of our Lord 1676.


" ISAAC ARNOLD, " JOSHUA HORTON, JOHN YOUNGS, BENJ. YOUNGS, JACOB COREY.


"SAMUEL GLOVER,


"Sealed and delivered in


presence of these witnesses:


" JOHN GARDINER,


" LION GARDINER."


COMMONAGE RIGHTS.


The common lands, or lands which had not been di- vided, were held on precisely the same principle in all the eastern towns on Long Island. The £50, £100 and £150 " lotments " in Southampton, the "acres of com- monage " in East Hampton, and the 1st, 2nd and 3d lots in Southold are the same thing. There is nothing more clearly established than the fact that when all these towns were settled each man of the original purchasers paid a certain amount in proportion to his ability or in clination, and that his share in the land so bought was exactly in proportion to the amount he paid. It was only a blind misunderstanding of the meaning of certain terms and expressions that gave rise to the idea that all inhabitants in the town had a right in the public lands


16


THE TOWN OF SOUTHOLD.


simply because they were dwellers in the town. It would have saved much needless agitation and some expensive lawsuits in these towns if later generations had only given their ancestors credit for having common sense, and could have realized the fact that each of them had an eye to his own interests as keen as any of their de- scendants in modern times. The idea that a man owned a share in lands toward the purchase of which he had paid nothing was no more accepted then than it would be now. As stated in a previous place a single share in the lands was called in this town a "first lot," a "second lot" meant a double share, and so on to third and fourth. From the earliest time transfers of these rights were as common as sales of lands which had been divided and were actually in possession. From the record of the divisions in 1662 it seems that at that time there were 112 shares, of which some owned more and some less. In 1756 there were reported to be in all 113 shares. The owners of these shares were called "commoners " in this town, corresponding to "proprietors " in Southampton.


By an act passed April 8th 1796 the owners of the un- divided lands were incorporated and certain powers given them. Previous to that it seems to have been the practice when a person wished to buy a piece of the un- divided lands to get a deed signed by a majority of shareholders, and the commoners at a meeting would ap- point a committee to act for the whole.


In a suit between the commoners and William B. Horton the general term decided that the act of 1796 gave the trustees no power to sue an outside party. This defect was remedied by an amendment passed November 26th 1847.


ANCIENT HIGHWAYS.


In 1713 commissioners were appointed to lay out public roads through the island. They were called the queen's highways.


"The highway from Peconic River to Southold to be in ye usual road from ye river to Mattatuck already laid out, four poles wide at ye least, ye trees generally marked on ye south side of ye way; and at Mattatuck ye high- way to be on ye north side of ye pond, and soe directly leading to ye old road to ye town of Southold, and soe through the street eastward to end in the lane on ye west side of Stephen Bayley his house, and soe eastward to Col. Arnold's house, there being allowed a sufficient easy swinging gate at ye east end of said lane, and an- other gate near Col. Arnold's house; from thence over a little beach to Hoshamomack, and so on ye north side to ye common on ye south side of some little ponds there, and soe in the usual road eastward, there being allowed a sufficient easy swinging gate at or near ye house of Thomas Moor jr., where ye eastward part of Hoshamomuck lands extends; and from thence eastward to ye dam at ye Oyster Pond beach; and from thence by ye land late of Thomas Emmons, leaving ye highway four poles wide on ye north side of ye south beach, and to run clear of ye salt pond, as it is marked out; thence in ye usual road to Walter Brown's, and soe on ye north side of his fence till it comes to ye lane leading to ye street, and through sd street in ye usual road to ye land of Jeremy Veale near Plum Gut; & soe on ye west side of Jeremy Veale's land to ye meadow, and soe north-


ward of ye meadow to a place called Green Point, near ye beach which beach is to be ye common landing place there.


" The landing place at the Oyster Ponds to be and re- main at ye beach there, which beach as far as Abram's Island westward, & ye land of Gideon Youngs eastward, shall be ye common landing place there.


" The landing place at Southold to be from ye street near John Paine's house, six poles wide in ye comon next to ye land of Jasper Griffen, unto ye water side, & soe to extend to ye point of Hallock's Necke, with all ye conveniency of landing there, and free passage to ye wind-mills; and also 6 poles wide at ye water side as far as ye sd Hallock's Neck."


The highway from the king's highway to the landing place at or near Robins Island Neck (now New Suffolk) was as follows:


" Wee undersigned Commissioners for laying out high- ways have layd out from the Kings Road (with the con- sent of the owners of the lands through which it leads) a two-pole Highway to run Southwardly on the east side of Charles Booth's land until it comes to Joshua Tuthill's land, and so over the said Joshua's land to the Dam Meadow, and from thence on the southward side of the said Joshua's land to the Great Meadow, and also from the said Dam Meadow southward to the head of a hole commonly called the flagg hole on sd Charles Booth's land, and then to run eastward cross Thomas Booth's land to the common landing place, down to Robins Island neck; on which said two-pole high- way the parties concerned have liberty to keep good swinging gates, and Joseph Wickham hath liberty to stop any way that formerly run down to the great meadow. " Southold July 25 1710.


" JOSEPH WICKHAM, " BENJ. YOUNGS."


REVOLUTIONARY HISTORY.


The struggle for independence found the people of Southold not behind their fellow citizens in other towns of the county. As early as 1774 Ezra L'Hommedieu (than whose no name shines brighter in the history of Southold or Suffolk county) was the clerk of a meeting held at Riverhead " for the purpose of setting forward a subscription for the relief of the distressed poor in the town of Boston." In 1775 he was a delegate to the Provincial Congress, and he was a member of the As- sembly till the end of the war. In November 1775 we find Lieutenant Moses Case taking a commission as cap- tain, and tradition says that he and many of his neigh- bors marked on their hats with chalk the words " Liberty or Death."


" The committee of Southold expended £24 17s. 4d. for mounting 4 cannon, August 19th 1776, for the pro- tection of the east end of Long Island.".


We have fortunately been able to rescue from oblivion the names of those who took an active part in the war, and as the following papers, lately discovered, have never before been printed we give them as a new con- tribution to county history.


"A muster roll of Captain Paul Reeve's Company, Draughted out of Coll. Tho. Terry's Regiment, whereof Josiah Smith is Coll., Mustered by the said Coll.," dated Southold, August 5th 1776, contains the following names:


THE TOWN OF SOUTHOLD.


Paul Reeves, captain; John Corwin, lieutenant; Joshua Benjamin, lieutenant; Wheelock Booth, sergeant; Nathan- iel Conkling, sergeant; Richard Steers Hubbard, sergeant; Jonathan Salmon, corporal; Constant Havens, corporal; Joshua Wells, corporal; James Pershall, drummer; John Frederick Hudson, fifer; Nathaniel Overton, John Gold- smith, Gilbert King, John Goldsmith jr., Joel Overton, Richard Drake, Stephen Halsey, Joseph Cleveland, Ishmael Reeves, Ichabod Case, Elijah Terry, Calvin Horton, David Benjamin, Luther Reeves, John Calvin Wells, George Taylor, James Reeves, Joshua Corwin, John Griffin, Joshua Wells jr., Peter Downs, Jeremiah Corwin, Isaac Wells, Joshua Aldridge, Peter Hallock, Nathan Corwin, Thomas Corwin, Nathan Youngs, Nathan Corwin jr., Samuel Hudson, Richard Benjamin, John Hallock, Jonathan Reeves, Reuben Brown, John Terry, Nathan Benjamin, Ebenezer Hudson, John Tuthill, Richard Wood, Richard Hallock, Amaziah Benjamin, Richard Brown, David Brown, William Reeves, Nathaniel Fanning, Amasa Pike, Daniel Terry, John Parshall, James Petty jr .- 57 men.


Lieutenant Joshua Youngs's company; drafted and mustered as above:


Joshua Youngs, lieutenant; Jeremiah King, sergeant; Absalom Rackett, corporal; Jonathan Dimon, Jonathan Vail, Lester Beebe, John King, Christopher Tuthill, David Truman, Amos Tabor, Frederick Tabor, Jonathan Truman, David Tuthill, Noah Rackett, Samuel Newberry, William Wiggins, John Youngs, Daniel Vail, Jonathan Conkling, William Rogers, Thomas Vail, Daniel Brown, John Havens-22 men.


"A List of the Minute Company which inlisted them- selves as volunteers out of Matituck, Aquabaug and the westward Company 25 March 1776:"


Paul Reeves, captain; John Corwin, first lieutenant; David Horton, second lieutenant; Nathaniel Hudson, ensign; Richard Jackson, clerk; John Conkling, first sergeant; Zachariah Hallock, second sergeant; Isaac Wells, third; Reuben Brown, fourth; Richard Steers Hubbard, first corporal; James Petty, second; Henry L'Hommedieu, third; Henry Hudson, fourth; Richard Brown, drummer; Joseph Mapes, fifer; Jonathan Cor- win, Nathan Tuthill, Abraham King, Samuel Hubbard, William Benjamin, Joseph Conkling, Benjamin L'Hom- medieu, Matthew Peas, William Hallock, Sheam'l Hud- son, Ezekiel Petty, Moses Simons, Josiah Wells, Youngs Wells, Jacob Corwin, Manley Wells, David Wells, Daniel Terry jr., Thomas Jennings, Gershon Corwin, Jacob Osman, James Benjamin, P. Reeves jr., Henry Brown jr., Simeon Corwin, William Reeves, Isaac Corey, Phineas Beckwith, Daniel Hallock, Jacob Aldrich jr., John Howell, James Williamson, James Reeves, Jonathan Os- man.


"Southold, August 5 1776 .- Received of Coll. Josiah Smith by the hands of Col. Thomas Terry Two hundred & eighty five dollars, being one half of the bounty money to Fifty-seven men, which passed muster, I say received Per me,


" PAUL REEVES, Capt."


"Southold, August 6 1776 .- Received of Coll. Josiah Smith by the hands of Col. Thomas Terry one hundred & ten Dollars towards the bounty of the Soldiers under my command, as per me,


"JOSHUA YOUNGS, Lieut."


The following list seems to be composed of men from Southold village:


" A list of a Company of Minute Men in ye 3d Regi- ment:"


Jonathan Bayley, captain; Joshua Youngs, first lieu- tenant; John Tuthill, second lieutenant; James Reeves, ensign; Joshua Salmon, sergeant; Benjamin King, ser- geant; Peter Griffin, sergeant; Benjamin Pain, sergeant; Jonathan Wells, corporal; David Wiggins, corporal; Lester Beebe; Jonathan Salmon; Ezekiel Glover, drum- mer; James Gardiner, fifer; John Youngs, clerk; Daniel Brown, James Brown, David Terry, Jonathan Vail, John King, Jonathan King, Joseph Youngs, Prosper Booth, William Wiggins, William Rogers, James Horton, Thomas Hemsted, Benjamin Vail jr., Elisha Vail, Aaron Overton, Benjamin Horton, Nathaniel Dickerson, Richard Drake, Thomas Conkling, Joseph Glover, Thomas Prince, Elijah Terry jr., John Goldsmith, Calvin Horton, James Tuthill jr.




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