USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 56
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In 1680 a grant was made by the town to John Robin- son to build a mill at Cold Spring. The next year a number of Indians went to his house there and terrified him and his family so that they fled to Huntington in the night. The Indians rolled out a barrel of rum and helped themselves, stole and carried away guns and clothing, and threatened the lives of the family.
In 1682 a grant was made by the town to John Adams of premises upon which to erect a saw-mill at Cold Spring.
In 1688 Jonathan Rogers was granted the privilege of building a saw-mill at Cold Spring, on condition that he furnish lumber at a certain price "and deliver up the stream when the town wants it for a grist-mill." In De- cember 1691 the town made a further agreement with him that he might build a grist-mill there, and have the
iron and millstones out of the "old mill," but subject to on the south side. When Wyandance made the sale, a many conditions as to grinding grain for the town.
After the water had been let out of the old mill pond above what is now Mill Dam lane, in Huntington village, another mill was built by Jacob Scudder a little further down, and a new and smaller pond made, which furnished power for a small mill. Dr. Zophar Platt finally became the owner of this mill; but about 1752, as the capacity of the mill was not sufficient to accommodate the public,
The mills in the town still being insufficient to grind the grain of the people an agreement was made in 1774 between the town and Sylvanus Townsend, of Oyster Bay, for the building of a new mill at what was then called Stony Brook Harbor, now Centerport. The trustees granted him land and the privilege of erecting a dam across the harbor. This seems to have been the same mill property now owned by William Titus, except that the mill has been greatly enlarged. There were many conditions attached to the grant; among them that the dam should be 18 feet wide at the top and sufficient for ox carts and teams to pass at all times, and to be so main- tained forever. Room was to be left near the mill suffi- cient for the inhabitants to pile cordwood. Townsend was not to hinder any person from fishing, oystering, clamming or gunning anywhere in the mill pond; was to erect a good mill and grind all the grain brought to him by the inhabitants, receiving one-tenth toll for grind- ing corn and one-sixteenth for grinding other grain; and in case of failure in any of these conditions the grant was to revert to the town. These conditions are understood to still adhere to the tenure of the property. The mill was built, and proved a great success.
At a very early period John Sammis had a small mill at the cove on West Neck near his house. In 1790 Coles Waltman, a son-in-law of Abraham Van Wyck, applied to the trustees and procured from them a grant to con- struct a dam across the cove further down, so as to en- large the pond, and build a new mill. These improve- ments were made, and this is the mill property now owned by Mr. Lefferts in that place.
THE OYSTER BAY BOUNDARY.
Serious questions arose soon after the settlement con- cerning the boundary between this town and Oyster Bay part of the considerations of which was that he should have a "great fine looking glass," he sent Chickono, an Indian, to mark out the bounds of the lands sold. A dispute afterward arose as to the location of boundaries. Huntington claimed three necks of land under this purchase. Oyster Bay claimed that Huntington had taken more than the three necks, and disputed Hunting- ton's title to any part of the three necks.
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THE TOWN OF HUNTINGTON.
The matter finally came before the governor, Richard tent and opposition both to the Connecticut government Nicolls, and his council. The record reads:
"At the general meeting of the deputies of Long Island, held before the governor at Hempstead, March the 6th day 1664, it is this day ordered that the town of Huntington shall possess and enjoy three necks of meadow land in controversy between them and Oyster Bay, as of right belong to them, they having the more ancient grant for them; but inasmuch as it is pretended that Chickono marked out four necks for Huntington instead of three, if upon a joint view of them it shall appear to be so then Huntington shall make over the outmost neck next to Oyster Bay to the inhabitants thereof and their heirs forever, the Indians or some of them of whom each town made their purchase being per- sonally present when the view to be made."
In order to determine this question further action was taken, as appears by the following record:
" The affirmation of John Ketcham, Thomas Brush and Thomas Powell, being sent by the inhabitants of Huntington with an Indian called Chickono to view the south meadows, according to order of the governor and council. We having come to the south to our meadows we went over two necks to our neighbors, who had called Marsapeague Indians, about the number of twenty, who opposed us about the space of an hour and would not suffer the Indians to go and show us the marked tree. Then we showed the sachem the writing to which he had set his hand, which was our acquittance, and yet he would not suffer the Indians to go. When we saw nothing would prevail we took our leave of them, and said we should carry back this answer to them that sent us; but they-not willing that we should look up the matter, as we did apprehend-spoke to the Indian who was Chickono to go and show us the tree. Many of Marsapeague Indians went with us. Thomas Brush went before, and not taking notice of the tree went past it; then Marsapeague Indian called him back and showed him the tree before Chickono came near it. Then Chickono came to the tree; he said that was the tree he marked as his master commanded him. Marsapeague sachem said by his interpreter that he told Muntauket sachem [Wyandance] that he was grieved to his heart that he had sold that neck upon which we then was, but Muntauket sachem told him that it was sold and it could not be helped; and therefore bid him go and receive his pay, and so he said he did; and also Marsapeague sachem owned his hand, and that he had received the goods."
Huntington therefore received the three necks, while the fourth, Latten's Neck, went to Oyster Bay.
In August 1684 Thomas Townsend, Nathaniel Coles and John Wicks, of Oyster Bay, and Thomas Powell and Abial Titus, of Huntington, by agreement surveyed and established the boundary line between these towns, and defined it "to begin at the head of Cold Spring River, at a marked tree; thence running by ye cart path into the plains", etc.
UNDER CONNECTICUT AND THE DUKE OF YORK.
Huntington continued loyal to the Connecticut gov- ernment, considering herself as within the limits of the grant by King Charles II. to that colony in 1662, which charter included "all adjacent islands."
About this time Captain John Scott, a bold and crafty adventurer who had resided in the eastern towns and was at Setauket in 1663, was engaged in stirring up discon-
and to the authority of the king. He made large grants of land, said to have been fraudulent, and pretended to have authority to compel persons to disclose the titles to their lands. Finally a proclamation was issued by the Connecticut government charging him with speaking words tending to the defamation of the king's majesty, seditious practices and tumultuous carriages, usurping the authority of the king, usurping authority upon pre- tense of a commission, and numerous other crimes, and ordering his arrest. He was arrested at Setauket and taken to Hartford, and his lands were sequestrated.
In the latter part of 1663 Scott made himself very officious against this town in its controversy respecting the title to Horse (Lloyd's) Neck, and claimed to hold a commission for the adjustment of boundaries. The people of Huntington were not deceived by him; his pretenses were met with a firmness that terminated all further troubles from him. The record of town meet- ings gives the following:
" Propounded and voted this 26th of the 12 month 1663.
¥ 'I. It was propounded that if Capt. John Scott should come and command the Constable to warn a town meet- ing the said Constable should not obey him without he shew his commission, impowered by his Majesty King Charles the Second.
"2. It was voted that if Capt. John Scott should com- mand to see our titles to the lands of this town that he would not see them unless he shew his power to be from King Charles the Second.
Early in 1664 the Connecticut colony sent commis- sioners to Long Island with power to establish courts and provide for the collection of rates, but these com- missioners never reached Huntington.
Events were transpiring in Europe of momentous im- portance to the people here. King Charles II. made his grant and charter to the Duke of York, granting New Amsterdam and all the region held by the Dutch, in- cluding all Long Island. Colonel Richard Nicolls, com- manding the forces of the duke, and deputy governor, landed at Gravesend, demanded and enforced the sur- render of New Amsterdam (New York) by the Dutch, and proclaimed the authority of the duke over all the colony, including Long Island.
In August 1664 a horseman rode up to the Town Spot in Huntington. He was the bearer of dispatches from the camp of Colonel Nicolls at Gravesend. The docu- ment he held, and which he read to the assembled people, was a proclamation, under the great seal of England, commanding submission to his Majesty King Charles the Second and to the authority of the Duke of York, and promising " the protection of his Majesty's laws and jus- tice, and peaceable enjoyment of whatever God's bless- ing and their own honest industry has furnished them with, and all other privileges with his Majesty's other English subjects." The western towns were also sum- moned to send deputies to meet the commissioners at Gravesend the 23d of August ensuing.
The people of Huntington in after years had occasion to recall how they had been promised all the privileges
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THE TOWN OF HUNTINGTON.
of Englishmen, and to bitterly complain of a faithless legislation. He in fact was made a king by proxy. The disregard of these sacred promises.
The people awaited the course of events. If left to their choice they would have continued under the juris- diction of the Connecticut colony, but this was impos- sible. The associates of Governor Nicolls and commis- sioners from New England on November 30th 1664 ad- justed the boundaries between the territory granted to the Duke of York and that held under the charter of Connecticut of 1662, and this boundary, as a matter of course, placed Huntington under the Duke of York. Governor Winthrop informed the people here that Con- necticut no longer held any claim to jurisdiction. Hunt- ington was therefore compelled to accept the situation and acknowledge the authority of the government estab- lished by the Duke of York.
Governor Nicolls, with the advice and concurrence of his council, February 8th 1665, issued a circular letter to the inhabitants of all the towns in the colony, calling upon each to send two deputies to meet him at Hemp- stead on the last day of February of that year. This circular letter was adroitly worded and well calculated to favorably impress the people toward the new adminis- tration. Promise was made that " good and known laws" should be established, and the advice and counsel of the people's representatives was to be taken. Huntington and John Ketcham. The governor received the deputies from the several towns in a bland and open-hearted manner, which seems to have won their confidence and support. A code of laws for the future government of the colony, which had been previously prepared, evidently with great care, was submitted and enacted. This code was afterward known as the duke's laws, and copies in manuscript were furnished each town and, with a few amendments afterward made, continued in force during a long period. The copy furnished Huntington contin- ues in the town clerk's office to this day, but is in such antiquated handwriting and so worn by use and effaced by the ravages of time that it is read with great difficulty.
The deputies who attended this meeting at Hempstead signed an address directed to His Royal Highness the Duke of York, in which they say they "most humbly and thankfully acknowledge to your Royal Highness the great honor and satisfaction we receive in our dependence upon your Royal Highness," and unanimously declare their "cheerful submission to all such laws, statutes and ordi- nances which are or shall be made by virtue of authority from your Royal Highness, your heirs and successors forever."
This address did not suit the people. They rebelled against their deputies, undertaking to pledge their cheer- ful acquiescence in laws in the making of which they had no voice, for no provision was made at Hempstead for any future assembly of the representatives of the people. Mr. Platt in his "Old Times in Huntington " well says: "The governor had unlimited power. He was com- mander-in-chief; he appointed all public officers, and, with the advice of a council, had the exclusive power of
people had no voice in the government. The spirit of rebellion and independence broke out among the people of Huntington." The deputies from this town were denounced in unqualified terms on account of this servile and fulsome address. Nevertheless the people yielded obedience to the laws and conformed to the new order of things.
Town meetings were held in Huntington the first or second day of April, at which to elect a constable and four overseers, and these officers carried on the govern- ment of the town. All assessments of taxes were made by the constable and overseers, and this included the rate or tax for building and repairing the church, and the maintenance of the minister, for the support of the church was a town charge. The jurors who attended the court of sessions and assize were selected from the overseers, and except in capital cases a majority of the jury was sufficient to convict.
The governor annually appointed a high sheriff for the whole of Yorkshire and a deputy for each riding. He also appointed the justices of the peace for each town, who held office at the pleasure of the governor. The despotic power of the governor when presiding at a court of assize is thus apparent, as the justices sitting at the court were all dependent on him for the tenure of their office, chose and sent to this meeting as deputies Jonas Wood or in other words were liable to have their official heads
chopped off if they differed from the governor in opinion as to the merits of the cause being tried.
The amount of the tax on the town for colony purpo- ses was fixed by the governor, and was assessed upon the real and personal property of the inhabitants.
Jonas Wood of Oram was continued as a justice of the peace by Governor Nicolls. How much his signing the laudatory address to the governor, which was so distasteful to the people, had to do with the appointment it is impossible to say. It was very natural however that the governor should take care of his friends.
- A justice of the peace in Huntington at this period performed the duties of an examining magistrate, bind- ing over for appearance at the court of sessions persons held for trial. He was also entitled, though not required, to preside at the court composed of constables and over- seers. He was a member of the court of sessions within the " east riding " and an advisory member of the court of assize. Constables and overseers continued to be elected by the people, and they carried on the town gov- ernment.
The names of these officers during the first year of the duke's government cannot be given, but in 1667 Thomas Powell was chosen constable and John Teed and John Rogers overseers. The constable was required to carry a staff. The quaint terms of the law requiring this were as follows: "And that no man may pleade ignorance for such neglect, or refuse obedience, constables shall have a staffe of about six feet long, with the king's arms on it as a badge of his office, which staffe shall be purchased at the charge of the town."
20
THE TOWN OF HUNTINGTON.
THE FIRST PATENT.
At the convention at Hempstead the deputies from Huntington, like those from other towns, were required to bring and exhibit the title deeds showing the bound- aries of the town; and all the towns, including Hunting- ton, were required to take out patents from the governor for their lands. Pursuant to this the first patent to Huntington was made by Governor Nicolls, bearing date November 30th 1666. It reads as follows:
A Patent granted unto the Inhabitants of Huntington.
Richard Nicolls Esqr., Governer General under his Royal Highness the Duke of Yorke and Albany, etc., of all his territories in America, to all to whome these pr'ts shall come sendeth greeting.
Whereas there is a certain Towne within this Govern- ment commonly called and known by the name of Hunt- ington, situate and being in Long Island, now in the tenure or occupation of several Freeholders and inhabit- ants there residing, who, having heretofore made lawful purchase of the lands thereunto belonging, have like- wise manured and improved a considerable part thereof and settled a competent number of familyes there- upon, and for a confirmation of the said Freeholders and Inhabitants in their enjoyment and possession of the premises, know ye that, by virtue of ye commission and authority unto me given by his Royal Highness, I have ratified, confirmed and granted and by these pr'sts do hereby ratify, confirm and grant unto Jonas Wood, William Leveredge, Robert Seely, John Ketcham, Thomas Scudmore, Isaac Platt, Thomas Joanes and Thomas Weeks, in the behalfe of themselves and their as- sociates the Freeholders and inhabitants of the s'd Towne, their heirs, successors and assigns, all y't lands that already have beene or hereafter shall bee purchased for and in the behalfe of the Towne of Huntington, either from the natives, proprietors or others within the limitts and bounds herein exprest: (vizt) That is to say, from a certaine river or creeke on the West com'only called by the Indyans by the name of Nackaquatok and by the English the Coldspring, to stretch eastward to Nasaquack River; on the north to bee bounded by the Sound running betwixt Long Island and the Maine; and on ye South by ye sea, including there nine several necks of Meadow Ground; all which tract of land, together with the s'd necks thereunto belonging, within the bounds, limitts aforesaid, and all or any plantacon there- upon, are to belong to the said Towne of Huntington; as also all Havens, Harbors, Creekes, Quarryes, Woodland, Meadows, Pastures, Marshes, Lakes, Fishing, Hawking, Hunting and Fowling, and all other profitts, commodi- tyes, Emolum'ts and Heriditam'ts to the said land and premises within limitts and bounds aforementioned, de- scribed, belonging or in any wise appertaining, to have and to hold the said Lands and necks of lands, Hereditam'ts and premises, with their and every of their appurtenances, and of every part, part and parcel thereof, to the said patentees and their associates, to the proper use and behoofs of the said patentees and their associates, their Heirs, Successors, and assigns forever; and I do like- wise hereby confirme and Grant unto the said Patentees and their associates, their Heires, successors and assigns all the privileges belonging to a Towne within this Gov- ernm't, and that the place of their present Habitacon shall continue and retaine the name of Huntington, by which name it shall be distinguist and knowne in all Bargains and sales, deeds, records and writings. They, the said pat- entees, and their associates, their Heirs, successors and assigns rendering and paying such dutyes and acknowl-
edgem'ts as now are or hereafter shall be constituted and establist by the Laws of this Colony under the obedience of his Royall Highness, his heirs and successors.
Given under my hand and seale at Fort James in New York, the 30th day of November, in the 18th year of his Majesties reign and in the year of our Lord 1666.
RICHARDE NICOLLS.
THE DIVISION OF LANDS.
The expenses of procuring the patent were considerable, and were paid by those who held interest in the land. under the purchases from the Indians. The subsequent distribution of hundred-pound rights among the owners of lands depended generally upon the amount contributed by each. The theory of this division of land seems to have been as follows: An entire parcel or purchase was estimated at a certain number of hundred-pound rights, and in proportion to the amount contributed by each upon the purchase they received their share of the land, viz. in one, two, or more hundred-pound rights, and the hundreds were sometimes subdivided into fractional parts of a hundred. In the Old or first purchase, embracing the territory between Cow Harbor Brook and Cold Spring, there were, at the date of the last patent, 135 hundred-pound rights, and for the eastern purchase (between Cow Harbor and Fresh Pond) 30 such rights, making in all 165, owned then by 84 persons, each hold- ing from 4 rights down to 12 of one.
Upon taking out a patent the governor's fees and the other expenses were apportioned upon all the holders of these hundred-pound rights according to the share held by each, and upon failure to pay the assessment the defaulting shares or hundreds were in some cases for- feited to those who paid the assessment; except as to lands already divided to them, and in others enough of their lands was sold to pay their share of the expenses.
Probably this mode of division into hundreds may in a measure have had its origin in the military divisions of hundreds or " wapentakes " in England, dating from far back in feudal times.
With the exception of purchases from the Indians by private individuals of lands in the south part of the town, such as were known as the Squaw Pit purchase and per- haps the Bating Place purchase, all the acquisitions of territory made from the Indians on the south side and in the interior of the town, after the first two purchases from the Matinecocks, were brought into a common ownership and represented by the hundred-pound rights above referred to.
It is an error however to suppose that these share- holders in the lands immediately obtained possession of the proportion of lands to which their hundreds or cer- tificates of holding entitled them. The greater part of the territory was held in common, and was referred to as commons or "in commonage." Divisions in small parcels were at first made to the proprietors by a majori- ty vote at town meetings. After trustees were created by the patent of 1694 they by resolution ordered that a division, usually of from six to twenty acres, be made to the holders of hundreds, in proportion to their holdings,
2 1
THE TOWN OF HUNTINGTON.
and so at intervals, usually several years apart, other similar divisions were made to the proprietors. This process continued generation after generation, until in time it came to pass that the original holders of the hundreds or their heirs or assigns had received most of the lands due them under their certificates of shares of hundreds, and the lands in commonage were reduced to a few thousand acres on what was called the plains, a few remnants here and there, and most of the lands under water in the bays and harbors. The trustees in making these divisions acted as trustees of the original proprie- tors, pursuant to the town patents.
As will hereafter be seen, the part of the remnants of land above and below water embraced within the limits of the Old or first purchase, as far east as Cow Harbor brook, was within a comparatively recent period sold by the heirs and assigns of the original owners to a private individual at a nominal price, and by him afterward con- veyed to the town of Huntington in its corporate capacity.
About 1723 the trustees of the town, in order to pro- mote the settlement of the territory then called the Eastern Plains and since known as Clay Pits, had a tract of country there nearly two miles square surveyed in what were called "tiers of lots," with five new highways between the respective tiers, running east and west and half a mile apart. This territory was bounded on the north by what was called the Crab Meadow Hills, on the south by the Country road. These five highways were all originally laid out on straight lines and four rods wide. In later years the uniformity of this plan, so creditable to its projectors, has been much impaired by encroachments upon the highways by adjoining owners, so that in many places these roads are much reduced in width.
The land thus surveyed was divided out to the pro- prietors of the purchase, and this improvement marked a new era in the settlement and development of the eastern part of the town. The survey was made by Solomon Ketcham, a noted surveyor in his time, and entered on the town records with maps.
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