USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 82
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This is signed by Nasseconset and other Indians, and accompanied by the following:
"-I Jonas Wood do hereby testifie That I and Jeremy Wood and Daniel Whitehead went to view the foure Necks of Meadow, lying westward from Conecticutt River, mentioned in the bill of Nessaquake purchase; and there lived an old Homes and his sonne, whose name was Wanequaheag, who owned those Necks, and we told them that Nasconsake had undertaken to sell us those four necks, and they seemed very willing.
"JONAS WOOD.
"May 28th 1663."
"Copie of ye Indian deed of Nesequague lands. Entered in ye Records for Rich'd Smith 2d March 1666."
The above is copied from a copy of the original deed certified by Secretary Nicolls in 1663, and there are endorsed on it the following curious memoranda:
"Note that Quaker Smith's Deed from Coll. Nicolls bears date March the 7th 1665.
" The grant of 2-8 parts of ye land by ye Woods & comp. is dated the Ist September 1650.
"The date of the Indian Deed is 29th Sept. 1650."
These figures and memoranda were doubtless made by some one who was questioning Smythe's Indian title.
This deed is recorded in the office of the secretary of state, No. 2 page 172, and covers the land on the east side of the river, from the river to Stony Brook, and ex- tending across the island embraces the four necks west of Connetquot or Nicoll's River.
The Indians claimed to have made certain reservations from this conveyance, referred to hereafter in their deed to Richard Smythe. The purchasers Wood and company
* The town is very properly named. Fully one-half of the inhabit- ants are Smiths. Meeting a person on the street it is quite safe to ad- dress him as Mr. Smith. A curious result of this state of things is the fact that, in speaking of a neighbor, the people frequently drop the cognomen of Smith and designate him by a nickname, derived from his occupation or residence or the Christian name of his father. Thus John Smith a blacksmith is called John Blacksmith; another John Smith, noted for his integrity, is called "Honest John ;" Edwin Smith residing on a place called the "grant " is called Ed. Grant; Edmund Smith son of Thomas is called Ed. Tom .; Richard Smith son of Mat- thew Smith is called Dick Mat .; Sarah Smith wife or daughter of Phin- eas is called Sarah Phin., etc., etc. This is confusing to a stranger and leads to many odd mistakes. It is a practical illustration of the primi- tive derivation of names.
It is notable that, with the variety of changes on the name of Smith, this is the only town, and contains the only post-office, in the United States named Smithtown.
2
THE TOWN OF SMITHTOWN.
were speculators, and afterward conveyed an interest in and relief from the most honorable of the English nation their purchase to certain Plymouth men. They did not, however, follow up their purchase by applying for or procuring a patent from the government.
THE MONTAUK GRANT TO LION GARDINER.
Nasseconset appears to have afterward conveyed to Wyandanch, sachem of Montauk, this land and a part of the land on the west side of the river between Fresh Pond or Crab Meadow and a line of marked trees run- ning parallel with the river. The Montauk sachem then claimed and exercised jurisdiction over the whole of Long Island, from Montauk to Canarsie. All the smaller tribes paid tribute to him, and it was generally under- stood that no conveyance of land was valid without his concurrence. In many instances he held the title to the lands by gift or purchase from the subordinate chief, and conveyed those lands to the whites in his own name; and in others he joined with the lesser sachems, or saga- mores, of the tribes in conveying the lands within his jurisdiction. Wyandanch and his tribe were in constant dread of the Pequots and Narragansetts, warlike tribes of Indians on the Connecticut shore, between whom and the Montauks was waged a continuous warfare, by reason of which the Montauks were so much reduced in num- bers as to be in danger of annihilation, and were obliged to leave their possessions at Montauk and seek refuge and protection among the whites at East Hampton. In one of the incursions of the Narragansetts across the sound they seized and carried off into captivity the daughter of Wyandanch on the evening of her wedding. Lion Gardiner, patentee of Gardiner's Island, the first white man who settled on the east end of Long Island, had been on intimate terms with and commanded the respect of the Connecticut Indians while commander of the fort at Saybrook. After his purchase of Gardiner's Island he acquired the confidence and respect of the Montauks, and was their friend and counsellor in all their troubles. By his interposition the fair Indian maiden was surrendered by her captors and restored to her grief-stricken father. In return for this kindness Wyandanch gave to his benefactor a deed for the Nesa- quake lands. The original deed was discovered by the late Caleb Smith, of Comac, among his father's papers. He presented it to the Long Island Historical Society, and it hangs in the society's building in Brooklyn. It is as follows:
"EAST HAMPTON, July 14th 1659.
" Be it known unto all men both English and Indians, especially the inhabitants of Long Island, that I, Wyan- dance, sachem of Paumanack, with my wife and son Wy- andanbone, my only son and heir, having deliberately considered how this twenty-four years we have been not only acquainted with Lyon Gardiner, but from time to time and from much kindness of him by counscell and advice in our prosperity, but in our great extremity, when we were almost swallowed up of our enemies-then, we say, he appeared to us not only as a friend, but as a father in giving us his money and goods, whereby we de- fended ourselves, and ransomed my daughter; and we say and know that by this means we had great comfort
here about us; so that, seeing we yet live, and both of us being now old, and not that we at any time have given him anything to gratify his love and care and charge, we, having nothing left that is worth his acceptance but a small tract of land left us, we desire him to accept for himself, his heirs, executors and assigns forever. Now that it may be known how and where this land lyeth on Long Island, we say it lyeth between Huntington and Setauket, the western bound being Cow Harbor, easterly Acatamunk, and southerly crosse the island to the end of the great hollow or valley, or more than half way through the island southerly; and that this is our free gift and deed doth appear by our hand mark under written. Signed, sealed and delivered in the presence of " RICHARD SMYTHE.
" THOMAS CHATFIELD.
" THOMAS TALMADGE. " WYANDANCE F M, his mark.
" WYANDANBONE III, his mark. " The sachem wife S M, her mark."
Lion Gardiner conveyed this territory to
RICHARD SMYTHE.
Accounts as to the early history of Richard Smythe differ. Tradition tells us his father was an officer and he too was a soldier in Cromwell's army. He came from Yorkshire, first to Boston and then to Long Island. An old gun which has been handed down as his fowling piece and is now possessed by one of his descendants carries with it the story that it was used by him in the wars in England. This gun was exhibited at the centen- nial fair in 1876 in Suffolk county, and was accompanied by the following description, written by J. Lawrence Smith :
"OLD CRIB, the fowling piece of Richard Smythe, pat- entee of Smithtown (commonly known as the ‘Bull- Rider '), the progenitor of the 'Bull Smiths.' It is sup- posed to have been used by Richard Smythe, father of the patentee, in 'Cromwell's wars' (see Thompson's Hist. of Long Island, Vol. I, p. 456, where this is men- tioned). It came to me, in 1844, from my uncle Wood- hull Smith, who received it from his grandfather, a grand- son of the Bull-Rider. It was in common use, as a fowl- ing piece, when I was a boy; was well known to sportsmen in Smithtown as 'Old Crib,' and had the reputation of shooting farther and hitting harder than any gun in the town.
" Smithtown Branch, Oct. 2d 1876."
Thompson, in his history of Long Island, says that Smythe and his father settled at Narragansett, and he came over from there to Long Island. But it is quite apparent that Thompson is mistaken. The two Richards are not identical. That Richard was living at Narragan- sett while our Richard was living on Long Island. Our Richard's will is dated March 5th 1692 and he died March 7th 1692; that Richard's will is dated May 19th 16972, after our Richard's death. That Richard's wife's name was Esther. His will was proved under Governor Phipps, and is recorded in the office of the court of pro- bate in Boston; does not mention any children; leaves his property to his brothers-in-law and their children, and does not refer to Long Island. Our Richard's wife's name was Sarah. His will was proved before William
3
THE TOWN OF SMITHTOWN.
Smith, judge in. Brookhaven in this county, May 2nd 1693, and is recorded in the Suffolk county clerk's office. It devises all his lands to his six sons and two daughters, hereafter more particularly referred to.
That Richard was at one time engaged in settling a colony on Long Island, but it was on the west end of the island. Doubtless that fact and the similarity of dates of their wills and their deaths has led to the error.
The most authentic accounts induce the belief that our Richard Smythe was the son of Richard Smythe of Myreshaw, Bradford Parish, Yorkshire, England. He came first to Boston, and when the Lynn colony settled at Southampton he emigrated there and became a free- holder and commoner of that town. His house lot, at the south end of the village, was and is now a land mark, and is the point or place from which all the lots of the village were located or measured. The lot is located on Pelletreau's "Plan of Main Street," etc., prefixed to the third printed volume of the records of the town of South- ampton. It is now owned by William Mortimer, of New York, and it is said is soon to be the site of an elegant mansion.
Richard Smythe was a man of note among the early settlers; was named as one of the committee of two to lay out, divide and allot the town lands; was one of the two assessors; was one of the committee of five to "agi- tate the towne business," which in these days would be called the executive committee, and when the committee was reduced to three he was chairman of that committee. He was a man of superior education, strong purpose, great resolution, high spirited and impatient of restraint, and could not readily conform to the simple habits and quiet manners of his associates. The magistrates as- sumed authority to which he did not think them entitled. He became irritable, treated them contemptuously and quarreled with them. The people sustained the magis- trates, made it uncomfortable for Smythe, and he was compelled to quit the settlement; which he did, and re- moved to Setauket and became a freeholder there. The following letter from Southampton's industrious and learned antiquary tells the whole story:
"SOUTHAMPTON, L. I., Jan. 28 '82. " Hon. J. Lawrence Smith.
" DEAR SIR : I have the honor to acknowledge the re- ceipt of your letter, containing inquiries in relation to Richard Smythe, the founder of Smithtown, and hasten to reply.
" The perfect agreement between the autograph of Richard Smythe as found in our town records and those well known to have been written by the patentee of Smithtown, taken in connection with recorded deeds given by him for land and 'commonage ' in Southampton, leaves no doubt whatever that Richard Smythe was one of our first settlers; and the titles of 'Mr.' and 'Gent.' attached to his name, together with the offices he held, show very decidedly his high social position in this town.
"Regarding his troubles with the people of Southamp- ton on account of his 'urreverend carriage toward the magistrates,' this might cause a very erroneous opinion in the minds of those who are not well acquainted with the spirit and modes of thought in those days. His of- fense would now be nothing more than 'contempt of
court.' The power and dignity of town magistrates was vastly greater than at present, and it is not strange that they should be led in such an instance into an arbitrary use, or rather abuse of it. Mr. Smythe was doubtless a man of imperious disposition, and his conduct in this matter comports with the chivalrous character of the man as subsequently developed.
" Respectfully yours, " WILLIAM S. PELLETRAU."
His house lot at Setauket was on the main street of the village, and is described as containing " five acres more or less, lying between that land which was formerly Samuel Terrill's northerly and the land of ye widow fancy southerly, butting upon the highway westerly.". It was afterward occupied by Samuel Eburne, for a short time the minister of the Presbyterian church there. He appears in the town records of Brookhaven as a free- . holder in the year 1661.
Smythe and Lion Gardiner were intimate friends and often visited each other. It was during his residence at Setauket that Gardiner rescued the Indian maiden of Montauk, and tradition says that she was restored to her father at Smythe's house at Setauket, where the deed for Nesaquake was presented by the grateful chieftain to his friend. This tradition is confirmed by the fact that Richard Smythe is a subscribing witness to that deed. Gardiner died in 1663, shortly after he conveyed the Nesaquake lands to Richard Smythe. This deed has not been found. Its date is given in the deed from Nas- seconset to Richard Smythe, and it is confirmed by a deed from David Gardiner (only son of Lion and who suc- ceeded his father as proprietor of Gardiner's Island), en- dorsed on the original deed now hanging in the Long Island Historical Society's building. It is as follows:
" Memorandum, That I David Gardiner of Gardiner's Island do acknowledge to have received satisfaction of Richard Smythe of Nissaquake for what concerns me in the within written deed. In Witness Whereof I have hereunto set my hand this 15th day of October 1664.
" DAVID GARDINER.
" Recorded in ye Office, York, the 3d day of October 1665.
"MATHIAS NICOLLS, Sec'y."
These original deeds of Wyandanch and David Gar- diner are recorded in the office of the secretary of state at Albany-Long Island book of entries, from 1659 to 1667.
RICHARD SMYTHE'S PATENT.
Smythe immediately took possession of his purchase. The Woods and their copurchasers from the Indians had disappeared for the time; but the town of Huntington claimed, under the Indian deeds and their patent, to go from Cold Spring east to Nesaquake River. Smythe claimed under his deed to go west to Fresh Pond and Whitman's Hollow (now Comac), though the deed carried him to Cow Harbor (now Northport), and a litigation ensued. Smythe obtained a patent from the colonial government in which the west boundary is made to de- pend on the result of this litigation. The following is the patent:
4
THE TOWN OF SMITHTOWN.
"A confirmation of a tract of land called Nesequauke place; but in all respects have like and equall priviledges granted unto Richard Smith of Long Island.
with any Town within this Governm't, Provided always That the said Richard Smith, his Heires and As- signes shall render and pay such other acknowl- edgements and dutyes as are or shall be Consti- tuted and Ordained by his Royall Highness the Duke of Yorke and his Heires, or such Governor or Governors as shall from time to time be appointed and Sett over them.
"Richard Nicolls Esqr, Governor under his Royall highness James Duke of Yorke &c of all his Territories in America, To all to whome these presents shall come sendeth greeting. Whereas there is a certain parcel or tract of land situate, lying and being in the East Riding of Yorkshire upon Long Island, commonly called or known by the name of Nesaquauke Land, Bounded Eastward with the Lyne lately runne by the Inhabitants "Given under my hand and Seale at ffort James in of Seatalcott as the bounds of their town, bearing New Yorke this 3d day of March in the Eighteenth Southward to a certaine ffresh Pond called Raconka- yeare of the Rayne of our Soveraign Lord Charles the Second by the Grace of God King of England, Scotland, ffrance and Ireland, Defender of the ffaith &c., And in the year of our Lord God 1665. muck, from thence Southwestward to the Head of Nesa- quauke River, and on the West side of the said River so ffarr as is at this present in ye possession of Richard Smith as his proper right and not any wayes claymed or "RICHARD NICOLLS." in controversy betweene any other persons; which said parcell or tract of land (amongst others) was heretofore THE PATENTEE'S TITLE PERFECTED. given and granted by the Sachems or Indyan proprietors to Lyon Gardiner of Gardiner's Island, deceased, and his heirs, whose interest and estate therin hath beene The patentee immediately set about perfecting his Indian title. He had already purchased the right of Nassekege, who claimed to have a reservation on the east side of the river, and received as follows: sold and conveyed unto Richard Smith and his Heires, by vertue of which hee claymes his propriety; and whereas the commissioners authorized by a Genall Court held at Hertford in his Maties Colony of Conecticot did heretofore-That is to say in ye Month of June 1664- " This writing witnesseth, that when Nassesconset sould that part of land on the est siede of Nessequage River unto Jonas, Jerime, Timothy wood, and daniell white- head, and others, that then my sayed unkle did Resarve half the sayed Neck, called and Knowne by the name of Nesequage neck, to himselve and Nesequage Indiens, to live and to plant on. I Nassekege, being soele haire to all Nassesconset's land on the Est siede of Nesequage River, doe by these pressents for me and my haires make over all our interest in the sayed halve neck unto Rich- ard Smith, of Nessequag, senyer, the same to have and to hould, to him and his haires forever; and Nassekege doth further wittness of my knowledge that Nineponi- share was formerly apoynted, Nesaconnopp and myselve was apoynted by young Nassesconsett my unkle, as Joynt haires to them both, to mark the bounds of Nesse- quag land for Richard Smith, and we did doe it acording to the saels which they had formerly made unto Racon- kumake, a fresh pond aboute the midle of long Island, acording to the order that they both did give to us, bee- ing acompaned with John Catchem and Samuel Adams and Mawhew, to mark the trees-aperell 6th 1664. I Nassakeag, doe owne that the above saied was wittnessed by Richard Odell, and Richard Harnett doth promis to own the above saied before the governor or any else, Nassekeag X mark having Reserved full satisfacktion for the premisees to his content. make an agreement wth the said Richard Smith, That upon the conditions therein exprest hee the said Richard Smith should place Twenty ffamilyes upon the said land; Now know yee that by vertue of the commission and authority given unto mee by his Royall Highness the Duke of Yorke, I do ratify and confirme the said agree- ment and do likewise hereby give, confirme and graunt unto the said Richard Smith, his heirs and assignes the said Parcell or Tract of land called or knowne by the name of Nesaquauke Lands, bounded as aforesaid, to- gether with all the lands, woods, meadowes, Pastures, Marshes, Waters, Lakes, ffishings, Hunting, and ffowling, and all other proffitts, commodityes and Emolu- ments to the said parcell or tract of Land and Premisses belonging, with their and every of their appurtenances and of every part and parcell there- of, To have and to hold the said Parcell or Tract of Land, with all and singular the appurtenances, unto the said Richard Smith, his Heirss and As- signes, to the proper use and behoofe of the said Richard Smith, his Heires and assignes for ever, upon the con- ditions & Termes hereafter exprest, That is to say: That in Regard there hath arisen some dispute and controversy between the Inhabitants of the Towne of Huntington and Captaine Robert Ceely of the same place concerning that Parcell of land lying to ye westward of Nesaquauke River, which for the consideracons therein mentioned "wittnes MASSETUSE X his mark. "the wrieting above was owned by Nasekeage and Massetuse to be true in my presens. the said Richard Smith by vertue of the aforementioned Agreement was to enjoy, But now is molested and hin- dered in the quiet Possession thereof, The said Rich'd " RICHARD WOODHULL. "DOROTHY WOODHULL." Smith shall bee oblieged to Settle onely tenne ffamilyes on the lands before mentioned within the space of three years after the date hereof. But if it shall hereafter Nasseconset, the Nesaquake sagamore, claimed that in his deed to Wyandanch of the Nesaquake lands he had reserved to himself a strip of land at the west side of and adjoining the river, indicated by marked trees, and made complaint to the commissioners of Hartford, then sitting as a court at Setauket, that Richard Smythe had taken from him his land. The commissioners did not decide the controversy, but recommended Smythe to buy up the Indian claim. Being a shrewd and careful busi- ness man, Smythe was unwilling to buy and pay for what the sagamore might be unable to deliver to him-a clear happen that the said Richard Smith shall cleere his Title and bee lawfully possest of the premises as afore- said, that then hee the said Richard Smith shall settle the full number of Twenty familyes within Five yeares after such Clearing of his Title, and being lawfully Possest as aforesaid, and shall fulfill whatsoever in the said Agreem't is required. And for an encouragement to the said Rich- ard Smith in his settling the ffamilyes aforementioned' the Plantations upon the said Nassaquauke Lands shall, from the first settlement untill the expiration of the Terme or Termes of years, bee free from all Rates or Taxes, and shall have no dependence upon any other
5
THE TOWN OF SMITHTOWN.
title; so he mounted his famous bull* and hurried off to Catawamuck to her ffather Longe ago; and that hee the Montauks to investigate the sagamore's claim. The Nassetconsett did give the other part, unto Nesaquauke River, to her Brother Wogancombone; But finding nothing under his hand to show, and shee owning him to be the true Proprietor at first, I thought good to buy the said Land of Nessateconsett, and have agreed with him for one Gunn, one Kettle, tenn Coates, one Blankett, three hands of powder, and three handfulls of Lead. Montauk Indians had removed from Montauk to the "calf pasture " at the south end of East Hampton vil- lage, where they had been scourged and greatly reduced in numbers by the smallpox, and Wyandanch's widow and the young chief Wyancombone were two of the vic- tims. The tribe then removed to a place then and now known as the Indian highway, at the west side of the head of Three-mile Harbor. Here Smythe found the young squaw at whose restoration he had assisted; after sharply cross-examining her in the presence of several East Hampton people he became satisfied that Nasse- conset's claim was meritorious and he hastened home and settled with him, for a gun, a kettle, ten coats, a blanket and three handfuls of powder and shot. Before the deed was executed another claimant, enjoying the euphonious name of Catawumps, appeared. But he was quickly silenced by throwing in two more coats, and Smythe received the following deed:
"These are to certify that I Nessetsconsett, Saga- more of Nesaquauk, have for me and my heires sold all of my land on the West side of Nesaquauk River with all the Benefitts and Priviledges of Land and water, unto Richard Smith of Smithfield and his Heirs or assigns for ever, and have rec'd pay for the same to my content: Whereas Catawump doth lay clayme to half the aforesaid Land, It is agreed that he is to have two Coates more, and so doth joyne wth Nassetconsett in the Sale. And do both agree for us and Our Heires to maintaine the right of Richard Smith and his heires, for ever, in all the land aforesaid, reserving the . liberty of Matts, Canooes, and Eagles and Deare Skinns Catcht in the water; by canooes is meant Indyan Built, that is to say, rack; this to my selfe and heires. Wit- ness our hands and Seales May 4th 1665.
" The mark of NESATESCONSETT.
"CATAWUMPS, his mark.
" TANARINGO, his mark.
" Witness :- RICHARD WOODHALL, DANIELL LANE, his QUARTER C SACHEM. marke
"Memorand .:- That ye Land afore mentioned was bought and part of the Pay delivered neare a yeare be-
This deed is recorded in the office of the secretary of State, Liber 2 of Records, page 121.
crest. He rarely affixed his signature to any paper of importance with- out attesting it with his sesl, on which was graven & part of this coat of arms. Thus the " Bull " may have attached to his name. Or it might have arisen from the fact that he was, as we have already seen, imper- ious, pugnacious, hightoned, and resolute-qualities which in an emi- nent degree he has transmitted to his posterity. For the benefit of those who are curious in such matters we subjoin a copy of the arms.
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