USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 83
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COAT OF ARMS OF RICHARD SMYTHE, EsQ.
Sable ; six fleurs de lis, argent, three, two, one.
CREST: Out of a ducal coronet, or, a demi- bull salient, argent, armed of the first.
MOTTO : Nec timeo nec sperno.
CSPERNO
nec timey
-
-
"Whereas Richard Smith of Smithfield hath bought all the land between Huntington Harbour and Nesaquauke River of Lyon Gardiner, as may appear by a deed bear- ing date '63, Nasetteconsett, Sagamore of Nesaquauke, complaint to ye commissioners of Hertford at a court held at Seatalcott in '64 that Richard Smith had taken away his land. And did then owne that he had given Catawaunuck [Crab Meadow] to Wyandaunce, for the said Lyon Gardiner's use, which was by Mr. Odiell and others Bounded as may by marked trees appear. But Nassetconsett said that the Land betweene those mark- ed trees and Nesaquauke River was his. The Court advised me to buy the Land of him, in case he had not fore the Signing hereof."
sold it before; whereupon I Rich'd Smith went to speake with ye Sauck Squaw. She did before many of East Hampton owne that Nesaquauke, Sagamore, did give
*That is to say, he summoned all the vigor and energy of which he was capsble. Richard Smythe and his descendants are habitually alluded to, by the inhabitants, as the "Bull-Rider " and the " Bull Smiths." Tradition says that he purchased of the Indians as much land as he could ride around on & bull in a day, and, having a trained bull which he used as a horse, he started early, reached the valley between Smithtown and Huntington at noon, rested and took his lunch (thereby giving the valley the name of Bread and Cheese Hollow, which it still retains), and completed the whole circuit of the township by nightfall- much to the astonishment of the natives. Thompson, in his "History of Long Island," alludes to this and thinks the "Bull" originated in the fact that, there being a scarcity of horses, the patentce sometimes used a bull ssa substitute. Furman in his "Antiquities of Long Island" adopts the same view (pages 192, 193) and discusses the four families of Smith, the " Bulls," the "Tangiers," the "Rocks," and the "Blue Smiths," and gives the supposed derivation of each name. Barber and Howe's " Historical Collections" tells the same story. It seems a pity to spoil this old legend, but the quiet manner in which Richard Smythe acquired, from Gardiner, his title to the whole territory, and the great trouble he afterward had with his neighbors in settling his boundary, render it quite certain that the tradition about his sharp bargain with the Indians is partly drawn from the classic story of Dido's purchase of the site of Carthage, partly a flight of the imagination, and wholly un- true. It is possible that the patentee dld ride & bull. Bulls often in later days supplied the place of horses. The county records show that Hon. John Sloss Hobart, judge of the supreme court, on his way to the county sest to hold a session was drawn from Stony Brook to Southold by an ox team, and the trusty Jehu, Timothy Davis, received £2 10s for using his best ox cart on that occasion. But the patentee was in easy circumstances; horses were plentiful in New England, were essily transported across the sound, and he had plenty of them when the tax- gatherer first came to his settlement.
Two other considerations present themselves ss to the origin of the " Bull." The patentee had many aristocratic notions. He was proud of the armorial bearings of the Yorkshire Smythes. The fleur de lis was the prominent feature of the arms, and a demi-bull, salient, of the
6
THE TOWN OF SMITHTOWN.
THE SETTLEMENT WITH BROOKHAVEN.
Thus Richard Smythe perfected his Indian title, but the controversy with Huntington still remained. Nor was he entirely at peace with his eastern neighbors. He had purchased several tracts from the Indians in Brook- haven. The Setauket people, becoming jealous of his growing power, insisted that as he was about to set up a township for himself he should surrender all his Indian titles in Brookhaven. This he finally consented to on receiving proper compensation, and the following agree- ment was entered into:
" It is this day mutually consented to and agreed upon, in the presence of the governor, between Captain John Tucker, on the behalfe of the Towne of Brook- haven, and Mr. Rich'd Smith, of Nessaquake, as fol- loweth, vizt .:
" That the said Mr. Smith shall, within six weeks after ye date hereof, resigne up unto the Towne of Brook- haven all the Right, Title and Interest wch he hath or Claimethe in and to a certaine Parcell of Land lying within the West Line of the said Towne, as it was run by the Inhabitts thereof, according to the directions of the Commissioners of his Ma'tie's Colony of Coneticott. And that also hee make to the said Towne a good & firme Deed of Conveyance of ye same. In consideration whereof the said Captain Tucker, on behalfe of the Towne · aforesaid, doth promise and Engage That there shall bee allowed and paid unto the said Mr. Smith, or his As- signes, all such moneys as have been expended or laid out by him for the Towne's use, and was adjudged due by the commissioners above mentioned, or ordered to bee paid unto him, And likewise, for this next ensuing yeare, That the lands belonging unto Mr. Smith shall not be Rated or Taxed, nor any levy made thereupon towards the maintenance of the Minister, but hee shall bee wholly excused for that yeare, the Towne making good the same.
" Thursday, March the 7th 1666.
" Recorded, by order of the governor, the day and yeare above written.
"MATTHIAS NICOLLS, Secr'y."
He was a persistent asserter of his rights. A contro- versy which had arisen about his eastern boundary had already reached the courts, and its settlement appears to have been a part of the above agreement, for on the next day the settlement of the boundary was con- summated as follows:
"Brookhaven and Smithfield bounds; March 8th 1666 Recorded for Brookhaven.
"The bounds betweene Brookehaven and Smithfeilde as to be as followeth: from a brooke called Stoney Brooke overthwart the Island, and halfe the meddows at the fresh pond and within a mile thereof to be equally divided betwene the ten plantations of Brookehaven and Smithfielde Bounds; is to goe from the sayd Brooke unto Huntington Bounds, and Smith ingaging to settell 20 fameleys within the above limites of Smithfeild within five yeares; this was agreede upon betwene the planta- tion of Brookehaven and Mr. Smith of Smithfeilde be- fore the Comittey and maiestrates in open Courte, and that whatsoever ground mr. Smith of Smithfeild hath purchased within Brookhaven bounds now statede, of the Indianes, the sayde plantation of Brookhaven is to repay mr. Smith, in case mr. Smith doe not bie up the plantation within five yeares, or else the Courte have libbertie to make up the 20 famelis; and .mr. Smith, In
behalfe of him himselfe and his assotiates, doth agree to accomadate Nasaconseate, the Indien properly belong- ing to that place, them and their heyres, with suffisient planting land for there owne securitie."
The line runs from the head of the mill pond at Stony Brook Hotel, through the center of the stream and chan- nel, north to the sound and south to Ronconcoma Pond, meeting the southern boundary line near the center of the pond, or lake, as it is now called. The line thus settled has remained substantially the same to this time. Some slight changes in the channel of the river have created a controversy, which was readily adjusted as will be seen hereafter.
SMYTHE'S LITIGATION WITH HUNTINGTON
was not at first so successful. He had two trials, in both of which he was defeated, and Huntington took posses- sion of the whole territory west of the river, divided it among the townspeople, and peopled it with actual set- tlers. But the indomitable energy and perseverance of Smythe which had carried him through so many diffi- culties were here again exhibited. He appealed to the governor and council. The Huntington people were cited to appear before that august tribunal; the motion for a new trial was argued and a new trial was granted, but before it could be had the Dutch government was again restored and the suit was for a season suspended. But it was only suspended, not stopped. Mr. Smythe went before the Dutch government and served his heads of declaration on the defendants.
The following, in his own handwriting, shows the character and strength of the man. His writing is very graceful, but very peculiar and difficult to decipher:
"Richard Smith, plf. The heads of ye
Huntington men, deft. S declaracon.
"Imps. the deft. did at both tryalls in both Courts produce a false bill of sale in Assepokin's name, as may appear.
" 2dly. The defts. produced several false' witnesses whereby the Jury and Court were misled, but ye plain- tiff submits to ye Court's judgment.
" 3rdly. The land in question did never pertain to As- sepokin ye mintinecock sachem, but Nasetsconset the sachem of Nesaquauke was the true proprietor thereof, and that (4) Nasetsconset sold ye plf. ye sd land by order of Mr. Winthrop and Hartford Commissioners; under this sale ye plf. possessed the same peaceably 7 or 8 years to all purposes til ye deft. disturbed him.
"5ly. Ye defts. have taken a vyolent possession con- trary to law, & after forewarning, and have committed many rioteous abuses, to ye plfs great prejudice.
"6ly. The plf presented many petitions to Gov. Love- lace, who with severall Courts did make severall orders for ye plf's relief, which were notwithstanding protested against by ye defts, the accomplishment of which orders being hindered by ye late change.
"yly. The plf presented many petitions to the late Duke's Governm't, who in pursuance of the precedent or- ders did appoint 2 severall arbitrations at ye pltf's charge, which were (by ye defts) protested against, whose judgments declare ye pltf's right to ye land in question.
"8ly. Gov'r Calbert upon ye plf's petition granted a hearing in equity and did give sentence & order ye ffiscall to give ye plf possession of ye land in question, with all
7
THE TOWN OF SMITHTOWN.
the advantages to them pertaining, which execution was by Mr. Kinss [Kuyff ?] committed personally, requiring Mr. Odell to serve it, as may appear.
"9. The land in question is bounded East by Nesa- quack river & west by Whitman's hollow & ye fresh pond; the deft charged ye plf to have produced a false order of Court which was ye cause ye Dutch Court did defer ye case so long.
"The deft hath not settled ye land according to Govn. Lovelace directions."
He served this document on his Huntington opponents, who were already beginning to enjoy the fruits of their successful litigation. They returned it to him with this reply:
" Neighbour Smith of Nesaquag: by this ye may un- derstand that you left a paper, for, as you say, the towne, in the hands of Joseph Whitman, written in an unknown tongue to us; from whence it came or what it is we know not, neither what you intend by it we know not, but this we know-yt we shall take no notice of it, neither can do; and if you would have us to know your mind you must speak and write in a known tongue to us. Like- wise take notice yt we have and intend to know more fully shortly yt you or yours have acted the part of the currish nabour by usurping with impudence and shame- less bouldness, to come upon our ground and to seize up- on our grass for your own use, an unheard of practice, and never practiced by honest men; therefore we doe by these protest against your course, and we are resolved first to defend ourselves and our estates from the hands of violent aggressors, which is no more than the law of nature and nations allowes. Secondly, when the season comes you may expect to have and reap the due defeat of such demerits.
"from Huntington July 17: 74."
But his neighbors were obliged to take notice of it. The Dutch government took up the case where it was left by the English, and decided as follows (translated from the Dutch N. Y. Col. MSS. XXIII, 206):
" February Ist 1674 .- Present at the meeting his noble Honor the Governor General and their Honors Council- lor Cornelius Steenwyck, Mr. Cornelius Van Ruyven, and the Fiscal William Kuyff.
"Received and read the petition of Richard Smith showing that he, the petitioner, had for reasons and mo- tives stated in detail in the petition been allowed and granted by the preceding English government a revision and rehearing of a certain judgment between the peti- tioner and the inhabitants of the village of Huntington concerning some lands in dispute, as shown in detail by a certain document of the court of assizes dated
and produced by petitioner to this board; further, re- questing that in pursuance of said document he might be allowed and granted a revision. This request having been taken into consideration, it is granted in favor of the petitioner in accordance with the tenor of the said document; but before any further proceedings are taken their honors the governor general and council of New Netherlands decide and order that some persons conver- sant with the case be appointed to settle the dispute be- tween the two parties if possible by arbitration. For this purpose Mr. Jan Lawrence, merchant of this city; Mr. Richard Cornwel, living near the village of Vissin- gen [Flushing]; Mr. Richard Odel and Mr. Thomas Townsend, magistrates of the village of Oyster Bay and Seatalcott [Brookhaven], are commissioners and ap- pointed, to whom it is recommended that at the expense of the petitioner they meet as soon as possible at a cer-
tain time and place to be determined by themselves, and examine the case between the said two parties, listen to arguments, make if necessary ocular inspection of the land in dispute, and use all possible means to decide the case and to make the parties agree; but if they cannot accomplish it, report in writing to this board. Date as above."
Smythe found it difficult to keep pace with the political changes. Before a final determination was reached the English government was again restored. He pushed his suit before the new administration. The arbitrators de- cided in his favor, and a final judgment was rendered October 13th 1775, which is printed on page 23 of the history of Huntington in this volume.
The boundary as thus established has remained where it now is, with some slight modification; i. e., from Fresh Pond northward along the middle of the creek to the sound and southward to the west side of Whitman's Hol- low. This hollow was about where Goldsmith's hotel now is. The boundary at the north end was marked by a rock in the center of the creek at its mouth. The course of the creek is said to have been changed in the construction of Provost's brick-yard. The west side was filled in, the creek was pushed farther eastward, and the stone was covered up. The eastern sheds of the brick-yards cover the landmark, and are now in Smith- town. In this connection it is proper to state that the head of the Nissequogue River, that is the Southwest Branch, was near the house of the late Major Ebenezer Smith at Hauppauge. The boundary line from the head of Nissequogue River goes off in a southwesterly direc- tion and embraces the patent of Winnecomac.
THE WOOD CLAIM.
The Woods and others, first purchasers from the Indi- ans of the lands on the east side of the river, revived their claim of title. Depositions showing who were in- terested in that purchase and declaring their rights were filed and recorded in the secretary's office August 16th 1676, in Book I of Deeds, p. 115, and the following entry was made by the secretary:
" Jno. Saffin as Administrator to ye estate of Capt. Thos. Willett, decd., did this day appear in ye Secretary's Office & did there againe enter his claime (by right of purchase) of two eight parts of all the lands called Ne- sequaque on ye East side of ye river mentioned in a deed or conveyance from certain Indian sachems unto Ed- mond Wood, Jonas Wood, Jeremy Wood, Timothy Wood, Daniel Whitehead & Steven Hudson, bearing date ye 29th Sept. 1650 & is upon Record; the said Capt. Willett & his partner Mr. Wm. Paddy, being then invested with an equall share, Right, privilege & proportion of all these lands and payed the purchase thereof, as by the above written instruments & evidences may appear; dated in N. Yorke this 16th day of August 1676."
A copy of this entry certified by the secretary is on file in the town clerk's office.
Nothing more is heard of Mr. Saffin or of Paddie. It is assumed that the patentee silenced them. Willets re- leased to the patentee's heirs. Smythe shortly afterward obtained from Governor Andros
THE TOWN OF SMITHTOWN.
A NEW PATENT,
as follows:
"Edmund Andros, Esquire, Seigneur of Sausmares, Lieutenant and Governor General under his Royall Highness James Duke of York and Albany, and of all his territories in America, To all to whom these pres- ents shall come sendeth greeting. Whereas there is a certain parcell of land situate, lying and being in the East riding of Yorkshire upon Long Island, commonly called or known by the name of Nesaquake lands, bounded eastward by a certain runn of water called Stony Brook, stretching north to the Sound, and southward bearing to a certaine fresh water pond called Raconkamuck, being Setalcott west bounds, from thence Southwestward to the head of Nesaquake River, and so along the said river as it runs unto the Sound; Also another parcell or tract of land on the West side of the said river, extend- ing to the westermost part of Joseph Whitman's Hollow, as also to the west side of Leading Hollow to the fresh pond Unshemamuck, and the west of that pond att high water mark, and so to the Sound, being Huntington east bounds; which said parcell or tract of land, on the East side of Nesaquake River, was heretofore granted by patent unto Richard Smith, the present possessor, by Coll. Richard Nicolls, and to his heyres and assigns forever; as also that on the west side of said river, with some provisoes and restrictions; the which has since, by due course of law, att the General Court of Assizes held in the year 1675, been recovered by the said Richard Smith from the town of Huntington; Know ye that by virtue of his Ma'ties letters patent, and the commission and authority unto me given by his Royall Highness, have rattifyed, confirmed and granted, and by these presents do ratify, confirm and grant unto the said Richard Smith, his heyres and assigns, the aforesaid parcells or tracts of land on both sides of the Nesaquake River. Together with all the lands, soyles, woods, meadows, pastures, marshes, lakes, waters, fishing, hawk- ing, hunting and fowling, and all other profits, commod- ities and emoluments to the said parcells of land and premises belonging, with their and every of their appur- tenances, and every part and parcel thereof. To have and to hold the sayd parcells or tracts of land and premises, with all and singular the appur- tenances, unto the said Richard Smith, his heyres and assigns, to the proper use and behoof of him, the said Richard Smith, his heyres and assigns for ever. The tenure of the said land and premises to bee according to the custom of the manor of East Greenwich, in the County of Kent, in England, in free and common soc- c.ige and by fealty only. As also that the said place bee as a township, and bee called and known by the name of Smithfield or Smithtown, by which name to be distin- guished in all bargains and sales, deeds, records and writings. The said Richard Smith, his heyres and as- signs, making due improvement on the land afore men- tioned, and continuing in obedience and conforming himself according to the laws of this government, and yielding and paying therefor yearly and every year unto his Royall Highness's use, as an acknowledgement or quit-rent, one good fatt lamb unto such officer or officers as shall be impowered to receive the same. Given under my hand and sealed with the seal of the province in New York, this 25th day of March in the twenty-ninth year of his Ma'ties reign Anno. Dom. 1677.
"E. ANDROS."
The patentee exchanged mutual releases with the Huntington people and afterward obtained releases from Wood and Whitehead. These last releases are recorded
in the Suffolk county clerk's office, Liber N of Deeds, pages 61 and 62; and the Huntington people obtained a new patent, making, at their own request, the eastern line to conform to the line as settled by the Smithtown patent. Thus the patentee after many trials and much litigation became the sole and undisputed proprietor of the Nesaquake lands.
He sometimes called his settlement Smithfield, some- times Smithtown. It is called both in the patent; but after the death of the patentee the "y " in his name and the " field " in the town's name were dropped.
DISAPPEARANCE OF THE INDIANS.
After this period we hear very little of the Indians. They appear to have been very numerous and dwelt mostly about the waters of Nesaquake and Stony Brook Harbor; were quiet and peaceable people, supporting themselves by hunting and fishing and raising Indian corn. They differed little from the other Long Island Indians. Denton in his description of New York gives a full and interesting account of them, their habits and customs.
It is said that the Indians cannot mix with the whites. After the second generation they become extinct. In Furman's "Notes on Brooklyn," page 82, we find the fol- lowing: "A singular natural phenomenon appears when the Indian blood is mixed with that of the white man. It scarcely ever lasts beyond the second generation, and is very rarely met with beyond the third generation, but generally wastes away so that it is a common remark that the halfbreeds soon run out. All these things melt away the Indian from the face of the earth."
Fifty years ago could be traced in the faces of the many tawny colored inhabitants of this town the high cheek bones and the straight glossy black hair denoting their Indian lineage. Now no trace of the Indian can be found in the faces of any people here; so fully is Furman's statement verified.
The numerous shell banks around the shores show that shellfish were the staple of their subsistence. They wrought arrow and spear heads of the hardest quartz, many of them curiously and exquisitely formed. The stone mortars in which they cracked their corn and the pestles with which they pounded it display wonderful in- dustry, ingenuity and skill. But since the white man put his foot here scarce a record of their words or acts or deeds is found, and except the few conveyances of their lands which have come down to us there is nothing of them left.
THE PATENTEE'S HOME AND FAMILY.
A depression in the ground on the farm of Edmund T. Smith at Nissequogue, at the corner of the Horse-race lane (of which an apple tree has taken possession, which is now growing in full vigor), marks the spot where stood the patentee's dwelling. A stately pear tree standing near it, in a vigorous green old age, and still yielding its annual crop of button pears, is said to have been planted by his hand. He brought with him his wife Sarah (who
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9
THE TOWN OF SMITHTOWN.
is supposed to have been Sarah Folger of Newburyport) and nine children-Jonathan, Obadiah, Richard, Job, Daniel, Adam, Samuel, Elizabeth and Deborah. With this stock he had very little difficulty in peopling his domain with the ten families required by his first patent.
.
His sons were immediately located about him. Jona- than occupied a part of the homestead. His house was about midway between his father's house and the Misses Harries', and on the spot where the old Floyd house for- merly stood. It was demolished about the year 1845 by Edmund T. Smith and his present handsome residence erected on the commanding eminence above.
Daniel located on "Mud Island," formerly the resi- dence of Hon. Edward Henry Smith and now of his daughter and his son-in-law Caleb T. Smith.
Richard was located on the hill now occupied by the Misses Harries. He was one of the first justices of the peace in the county. His name appears as one of the seven justices in the New York civil list of April 30th 1692 (I Doc. Hist., 316), and he is frequently al- luded to in the records as Justice Richard Smith. His son of the same name was the person frequently alluded to in the records as Lieutenant Richard Smith; and his grandson Richard Smith, who resided on and owned the. place, was called "Shell Dick," from the fact that on his farm were great Indian shell banks, which he not only utilized to enrich his own farm but which he sold for use as a fertilizer.
Job was located at the next house eastward, afterward the residence of Mrs. Abigail Rogers and now a tenant house of Edmund T. Smith, occupied by Warner. Here was born and raised the beautiful and accomplished Sally Rogers, afterward the celebrated Mrs. Richard K. Haight, for many years a leader of fashionable society in New York.
Adam settled at Sherewog, on the east side of Stony Brook Harbor, at the spot where formerly lived succes- sively three Nathaniel Smiths and which is now occu- pied by Edmund N. Smith, the son of the present Nath- aniel. Samuel settled on the west side of Nissequogue River, on the east side of the highway from James B. Harned's to St. Johnland and about half way up the hill going north from Harned's. The cellar and some rem- nants of his house are still to be seen there. Obadiah, the second son of the patentee, was drowned at the inlet of Smithtown Harbor. His grave is in the old family burying ground at Nissequogue. The inscription on his tomb, almost obliterated by time, is as follows:
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