USA > New York > Westchester County > History of Westchester County, New York, from its earliest settlement to the year 1900 > Part 35
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In the summons sent to him he was ordered to appear before the committee on the 3d of July. He sent the following reply:
Philipsborough, July 2, 1776.
Gentlemen :- I was served on Saturday evening last with a paper signed by you, in which you suggest that you are authorized by the Congress to summon certain persons to appear before you, whose conduct had been represented as inimieal to the rights of America, of which number you say I am one.
Who it is that has made sneh a representation, or upon what particular faets it is founded, as you have not stated them it is impossible for me to imagine ; but, considering my situation and the near and intimate ties and connections which I have in this country, which can be seenred and rendered happy to me only by the real and permanent prosperity of Ameriea, I should have hoped that suspicions of this harsh nature would not be easily har- bonred. However, as they have been thought of weight sufficient to attract the notice of the Congress, I can only ohserve that, vonscions of the uprightness of my intentions and the integrity of my conduct, I would most readily comply with your summons, but that the situ- ation of my health is such as would render it very unadvisable for me to take a journey to New York at this time. I have had the misfortune, gentlemen, of being deprived, totally, of the sight of my left eye ; and the other is so much affected and inflamed as to make me very cantions how I expose it, for fear of a total loss of sight. This being my real situation, I minst request the favour of you to excuse my attendance to-morrow ; but you may rest assured, Gentlemen, that I shall punctually attend, as soon as I ean, consistent with my health, Hattering myself, in the meantime, that, upon further consideration, you will think that my being a friend to the rights and interests of my native country is a fact so strongly implied as to require no evidence on my part to prove it, until something more substantial than mere suspicion or vague surmises is proved to the contrary.
I am, Gentlemen, your most obedient, humble servant,
FREDERICK PHILIPSE.
To Leonard Gansevoort, Philip Livingston, Thomas Tredwell, Lewis Graham, Gouver- neur Morris, Thomas Randall, Esquires.
The terms of this letter, considered apart from Philipse's specific excuse for declining to attend, are entertaining to a degree. Som- moned by a Revolutionary tribunal to appear before it and answer the accusation of hostility to American liberty, he recognizes in the sit nation which confronts him no circumstance of gravity. fle delays his reply until the day before the time appointed for his attendance, and the peremptory command sent to him by the committee he al- Indes to as "a paper . . in which you suggest that you are authorized," etc. A naïve interpretation, indeed, of a stern Revolu-
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FROM JANUARY, 1775, TO JULY 9, 1776
tionary summons. Finally, he dismisses the inconvenient matter by flattering himself that the committee really will not require his presence at all. The lord of Philipseburgh Manor deemed himself well within the bounds of political sagacity in treating the committee with such exact though courteous reserve. The overpowering fleet and army of Great Britain had just arrived, the provincial congress was scurrying out of New York City, and, indeed, if Frederick Philipse had been so obliging as to journey to the city on that 30 of July conformably to the " suggestion " which had been conveyed to him, he would have found no committee there to interrogate him.
It does not appear that Philipse was again summoned or that he was over subjected to any inquisitorial examination. He was, how- ever, compelled to give his parole to guarantee his good behavior. That summer of 1776 was a most critical period for the patriot in- terests on the banks of the Hudson. British warships were in the river, and it was suspected that they were holding nightly commu nication with the influential Tories. Washington deemed it expe- dient to remove Philipse from his manor house on the Nepperhan to a quarter where his presence would not be a possibly disturbing thing. On the 9th of August Philipse, by Washington's order, was taken to New Rochelle. There, says a historian of Yonkers, " he was closely contined, under guard, for eleven days, when he was removed to Connectient and gave his parole that he would not go beyond the limits of Middletown. He was accompanied by Angevine, his faithful colored valet, who afterward went with Mr. Philipse to England, and survived him but one year. They are interred in the same church- yard. Charley Philips, son of Angevine, lived for many years on the banks of the Hudson, and was sexton of Saint John's Church (Yonkers) forty-five years. After the Philipse family had left Philipse- burgh (1777), John Williams, steward of the manor, had possession of the manor until its confiscation, in 1779." 1
Philipse's undoing was at every stage the consequence of his own deliberate acts. If he bad remained discreetly within the American lines until the fortunes of the war were decided, it is highly improb- able that the extremity of confiscating his estates would have been resorted to; for he was a man of generally prudent character, with absolutely nothing against him except the conjecture that he pre- ferred the triumph of England. But he was firmly convinced from the beginning that the " rebellion " would be crushed, and he shaped his course accordingly. After his removal to Connectient he was granted leave to visit New York City, subject to recall. He was sum-
1 Alison's Hist. of Yonkers, 91.
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HISTORY OF WESTCHESTER COUNTY
moned back, but did not come. That settled everything.1 Shortly afterward the State of New York confiscated his property. He died at Chester, England, in 1785, and was buried in the Cathedral Church of that place, where the following tablet to his memory is to be scen :2
Sacred to the Memory of Frederick Philipse, Efquire, Late of the Province of New York ; A Gentleman in Whom the Various focial, domeftie and Religions Virtues were eminently United. The Uniform Rectitnde of Ilis conduct commanded the Effeem of others ; Whilft the Benevolence of His lleart and Gentleness of llis Manners secured their Love. Firmly attached to llis Sovereign and the British Constitution, He opposed, at the Hazard of His life, the late Rebellion in North America ; and for this Faithful discharge of His Duty to His King and Country He was Proseribed, and His Estate, one of the Largest in New York, confifcated, by the usurped Legislature of that Province. When the British Troops were withdrawn from New York in 1783 He quitted A Province to which He had always been an Ornament and Benefactor, and came to England, leaving all His Property behind Him ; which reverse of Fortune He bore with that calmness, Fortitude and Dignity which had distinguished Him through every former stage of Life. lle was born at New York the 12th day of September in the year 1720 ; and Died in this Place the 30th day of April, in the Year 1785, Aged 65 Years.
The British government, as a partial recompense to Philipse for his forfeited American ostates, paid him a sum equal to about $300,000 of our money.
In addition to simoning or arresting the various individuais specified in the resolutions to which we have alluded, the third pro- vincial congress authorized its committee for the detection of con- spiracies to summon or apprehend all other persons deemed danger- ous or disaffected, and to use for that purpose not merely detach- ments of the militia, but troops of the continental line, the latter to be obtained by application to the commander-in-chief. Also the town and district committees were encouraged to exercise zeal and vigi- lance to the same end, and were empowered to summon or arrest,
1 A facsimile of this tablet is suspended in a conspicuous place in the Manor Hall in Yonkers. It has always appeared to the editor of the present History that this is in rather questionable faste.
2 His parole, dated December 23. 1776, was issued by Governor Trumbull, of Connecticut.
By its terms he pledged his " faith and word of honor " not to bear arms against the United States, and to return to Connecticut when re- intelligence to the enemies of the United States, and to return to Connecticut when re- quired by the governor or General Washington so to do.
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FROM JANUARY, 1775, TO JULY 9, 1776
upon their own responsibility and without waiting for advice from the county committee, everybody whom they regarded with suspicion. Persons thus summoned or arrested by the town and district com- mitters were required to give good security that they would appear before the county committee at its next session, or, in default of such seemity, were to be committed to custody. It will thus be seen how rigid and detailed were the arrangements, upon the eve of the breaking out of the war in the Colony of New York, for com pelling absolute submission everywhere to the will of the Revolu- tionary authorities, and for visiting swift and condign punishment upon all refractory or sullen spirits. It is needless to remark that there was no relaxation of this severe programme during the progress of the war. Yet the extreme limits of the legal processes put in opera- tion against the Tories were imprisonment or deportation to other parts of the country, with the added punishment later, in special in- stances, of confiscation of estates. There was no resemblance to the sanguinary scenes of the French Revolution. Life was uniformly respected, unless the offense was of a nature punishable by death under the articles of civilized war.
Some of the common Tory suspects arrested in Westchester County who were deemed dangerous, and therefore not fit persons to go at large, were, for the lack of local prison facilities, sent to the forts in the Highlands and mit at hard labor.
The third provincial congress, as the reader no doubt will remember, was a very short-lived body. extending only from the 18th of May to the 30th of June. It was deliberately planned by the eminent men who were its controlling members to bring FLAG OF THE THIRTEEN COLONIES. its labors promptly to a conclusion, and to have it superseded by a new congress, freshly elected by the people upon the great issue of American independence which was being shaped for ultimate decision at Philadelphia. in an- ticipation of the Declaration of Independence, the continental congress had, as early as the 10th of May, adopted a preamble and resolution declaring it to be absolutely irreconcilable to reason and good conscience for the people of the colonies longer to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain, and recommending to the various colonial assemblies and conventions to take measures for the adoption of " such government as shall. in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general."
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HISTORY OF WESTCHESTER COUNTY
The significance of the preamble and resolution was fully appre- viated by the provincial congress of New York, whose leaders promptly decided that the responsibility for dealing with the issue of a formal abrogation of the government of Great Britain and of the creation of a new form of government should be referred to an entirely new congress to be elected by the people without delay. Consequently on the 31st of May action was taken summoning the electors of the various counties to meet at an early date and choose delegates to a fourth provincial congress. Meantime steady progress was being made at Philadelphia toward the definite consideration of the subject of American independence, and some of the New York representatives in the continental congress conceived a strong de- sire for categorical instructions from home as to that vital question. On the Sth day of June four of these representatives-William Floyd, Henry Wisner, Robert R. Livingston, and Francis Lewis-sent a let- ter to the New York provincial congress, requesting that such in- structions be sent them immediately. It was not until the 11th that the latter body complied with the request thus made. It then adopted a series of resolutions whose essential purport was to declare the congress's unwillingness and incapacity to deal with the matter, and 10 comunit it for decision to the people at the forthcoming election for a new provincial congress. The first of these resolutions was an emphatic intimation to the delegates at Philadelphia that they possessed as yet no authority to vote in favor of independence, being to the effect that " the good people of this colony have not, in the opinion of this congress, authorized this congress of the delegates of this colony in the continental congress to declare this colony to be and continue independent of the crown of Great Britain." The whole matter was submitted in most explicit terms to the electors, who were earnestly recommended to vest their representatives in the soon-to-be chosen fourth provincial congress " with full power to deliberate and determine on every question whatever that may concern or affect the interest of this colony, and to conelude upon, ordain, and execute every act and measure which to them shall ap- pear conducive to the happiness, seenrity, and welfare of this colony," and particularly, " by instructions or otherwise, to inform their said deputies of their sentiments relative to the great question of Inde- pendeney and such other points as they may think proper."
The resolitions of the 11th of June were passed by the provincial congress mainly at the instance of John Jay, who is supposed to have left his seat in the continental congress and become a member of the third provincial congress of New York for the express object of hotding the latter body to a judicious course on the subject of
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FROM JANUARY, 1775, TO JULY 9, 1776
independence pending possible final efforts for reconciliation with the mother country. The resolutions embodied, so far as it was pos- sible for them to do, an absolute prohibition of support of independ- ence by the New York delegates at Philadelphia until further in- structions should be dispatched to them. No further instructions were sent up to the time of the promulgation of the Declaration of Independence-the 4th of July. Notwithstanding this condition of things, four of the delegates from New York-William Floyd, Philip Livingston, Francis Lewis, and our Lewis Morris-had the great cour- age to ignore the dissuasions of the qualified representatives of the people in their home colony, and sign their names to the immortal instrument. Of this mummuber, there is no room for doubt that the signer contributed by Westchester County was inflexibly resolved upon that line of conduct from the first, and entirely without refer. ence to instructions from home. He did not unite with Floyd, Wis- ner, Robert R. Livingston, and Lewis in their letter of Iune 8 soliciting instructions, but deemed himself fully qualified as a duly chosen representative from Now York to act upon the measure ar- cording to his individual judg- ment. It can scarcely be ques- tioned that his bold attitude, in which he was joined by the highly respected Philip Livingston, was influential in persuading two of the signers of the communication of June S to in like manner set Anty above cantion. Particularly apropos to the four courageous delegates from New York, in view of the embarrassing circum- stances which compassed them about, is the magnificent tribute of the Abbe Raynal to the signers LEWIS MORRIS, Signer of the Declaration of Independence of the Declaration: " With what grandeur, with what enthusiasm. should I not speak of those generous men who erected this grand editice by their patience, their wisdom, and their courage! Hancock, Franklin, the two Adamses were the greatest actors in the affecting scene; but they were not the only ones. Posterity shall know them all. Their honored names shall be trans- mitted to it by a happier pen than mine. Brass and marble shall show
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HISTORY OF WESTCHESTER COUNTY
them to the remotest ages. In beholding them shall the friend of freedom feel his heart palpitate with joy-feel his eyes float in deli- cious tears. Under the bust of one of them has been written: . He wrested thunder from Heaven, and the scepter from tyrants.' Of the last words of this eulogy shall all of them partake."
Lewis Morris, Westchester County's signer of the Declaration, after completing the term of service in the continental congress for which he had been elected, retired from that body and was succeeded by his younger brother, Gouverneur. In June, 1776, he was appointed by the New York provincial congress brigadier-general of the militia of Westchester County, and later he was made major-general of mili- tia. AAlways devoted to agricultural pursuits, he resumed his favorite avocation as soon as peace was restored. He lived to witness the complete realization of all the patriotic aims and governmental prin- viples of which he had been one of the earliest and most radical pro- moters, and for which he had made conspirnous sacrifices, dying on the 220 day of January, 1798, aged seventy-two.
CHAPTER XVI
THE STATE OF NEW YORK BORN AT WHITE PLAINS-EVENTS TO OCTOBER 12, 1776
HE third provincial congress, in discontinning its sittings in New York City as a consequence of the sighting of the British fleet, adopted a resolution which provided for its reassembling at White Plains, the county-seat of West- chester County, on Tuesday, the 24 day of July. But it did not again come together, either on that day or subsequently.
On the morning of Tuesday, the 9th of July, representatives from a majority of the counties of New York appeared in the court house in White Plains, and promptly organized the fourth provincial con- gress, electing General Nathaniel Woodhull as president. From that date until the 27th day of July, White Plains continued to be the seat of the Revolutionary government, which now, for the first time, became the responsible government of a new commonwealth. It was there that the Declaration of Independence was formally proclaimed, thai the name of the State of New York was substituted for the an- vient designation of the Province of New York, and that the original steps for the organization of the State machinery were taken. To the lasting regret of all who hold venerable associations dear, the historie court house where these over-memorable events transpired ceased to exist very soon afterward, being burned by some vandal soldiers of Washington's army on the night of the 5th of November, 1776. This original Westchester County court house, as we have already noted, was built after the destruction by fire (February 4, 1758) of the court house in Westchester Town, and was first used by the Court of Common Pleas on the 7th day of November, 1759.1 The representatives from Westchester County to the important body whose sessions began within its walls on the 9th of July were Colonel Lewis Graham, Colonel Pierre Van Corilandi, Major Ebenezer Lock-
1 To Dr. Robert Graham, who was supervisor uf White Plains from 1769 to 1775. and county judge in 177%, is mainly due the credit of having White Plains Oxed upon as the county-seat, having the court house building erected, and having the courts removed there from West- chester. He gave to the county the site upon
which the court house was created. His of- forts were aldy seconded by John Thomas, of Bye, who was then a member of the colonial assembly. Dr. Graham also, at considerable expense, caused two hotels and a country store to be built, and thus gave the county-seat a start. Smith's Manual of Westchester County, 33.
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HISTORY OF WESTCHESTER COUNTY
wood, William Paulding, Captain Jonathan Platt, Samuel Haviland, Zobadiah Mills, Colonel Gilbert Drake, Jonathan G. Tompkins, Gen- eral Lewis Morris, and Gouverneur Morris, all of whom, the Journal records, were in attendance on that historie morning. . John Jay also, as a deputy from New York City, was there.
The first business of the day was the consideration of the Declara-
JONATHAN G. TOMPKINS.
tion of Independence, which was referred to a committee headed by John Jay. In the afternoon the following report was brought in and adopted without a dissenting voice:
In Convention of the Representatives of the State of New York, White Plains, July 9, 1776.
Resolved, muanimously, That the reasons assigned by the continental congress for declar- ing the United Colonies free and independent States are cogent and conelusive ; and that while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join the other colonies in supporting it.
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EVENTS FROM JULY 9 TO OCTOBER 12, 1776
Resolved, That a copy of the said Declaration and the foregoing resolution be sent to the chairman of the committee of the County of Westchester, with order to publish the same, with beat of drin, at this place, on Thursday next, and to give directions that it be pub- lished, with all convenient speed, in the several districts within the said county ; and that copies thereof be forthwith transmitted to the other county committees within the State of New York, with order to cause the same to be published in the several districts of their respective counties.
Resolved, That five hundred copies of the Declaration of Independence, with the two last-mentioned resolutions of this congress for approving and proclaiming the same, be pub- lished in handbills and sent to all the county committees in this State.
Resolved, That the delegates of this State, in continental congress, be and they are hereby authorized to consent to and adopt all such measures as they may deem conducive to the happiness and welfare of the United States of America.
On Thursday, the 11th day of July, therefore, " with beat of drum," the official proclamation of the great Declaration on the part of the representatives of the State of New York was made before the old court house at White Plains. There unfortunately existed at the time no local newspaper in the county to record the undoubtedly in- teresting circumstances attending the grand event.
On the second day of its sessions at White Plains, the " Conven- tion of Representatives of the State of New York " began to consider plans for the organization of the proposed State government, but nothing definite was accomplished in that direction during the con- tinuance of the body at our county-seat. On the 27th of July the con- vention terminated its sessions at White Plains, and from the 29th of July to the 29th of August it sat at Harlem. A committee of thir- leen, of which John Jay was chairman and Gouverneur Morris was at member, was appointed on the 1st of August to take into considera- tion and report a plan for instituting a form of government. Out of this action resulted the first constitution of the State, which was re- ported on March 12 and adopted on April 20. 1777. Meantime, and until the new governmental machinery was started, New York ro- mained under exclusive legislative and committee government. The State convention, after leaving Harlem, met successively at Fishkill and Kingston, being dissolved on the 13th of May, 1777. Through- out the critical period which included the successive British occupa- tions of Staten Island. Long Island, and Manhattan Island, and the Westchester County campaign, the convention was indefatigable in performing the manifold onerous duties that belonged to its sphere.
An interesting and significant resolution adopted by the convention while in session at our county-seat (July 15) was the following:
Resolved, unanimously, That it is the opinion of this fconvention that if his Excellency, General Washington, should think it expedient for the preservation of this State and the general interest of America to abandon the City of New York and withdraw the troops to the north side of Kingsbridge, this convention will cheerfully co-operate with him in every measure that may be necessary-etc.
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HISTORY OF WESTCHESTER COUNTY
The proclamation of Independence was of necessity submitted to quietly, though with varied murmurings, by the Tory faction of Westchester County. The local committees everywhere were su- preme, and manifestations of an unfriendly nature, even in the form of disfavoring remark, were pretty certain to involve the culprits in difficulty. The name of one bold spirit, who for three weeks perse- vered in a public attitude of defiance, has come down to us; and be- fore proceeding with the narrative of the momentous events which now crowd thick upon us, this interesting local episode should be recorded.
It is not surprising that the aggressive individual was a clergy- man of the Church of England, the Rev. Epenetus Townsend by name, who since 1766 had officiated as a missionary of the Venerable Propa- gation Society in the Parish of Salem. He was a man of ability, though not of distinguished talents like Parson Seabury, of West- chester. For inveterate devotion to the king and scorn of all rebels he certainly yielded to none in all our County of Westchester. He relates in one of his letters that as early as the end of the year 1773 he began to strongly suspect that " the leaders of opposition to govern- ment in America " were aiming at independence; whereupon he un- dertook to do all that lay in his power, " by preaching, reading the Homilies against Rebellion," and the like, to persuade his people against countenancing such wicked tendencies. " And blessed be God," he exclaims, " I have the satisfaction that the Church people [ Episcopalians] in all my parishes [Salem, Ridgefield, and Ridge- bury] have almost unanimously-there being three or four excep- tions-maintained their loyalty from the first." In May, 1776, he says he was called before the " Rebel Committee of Cortlandt's Manor " and " invited " to join their association. This he indignantly declined to do. Next, he was ordered to furnish blankets for the " Rebel sol- diers," and, refusing, was sent under guard to the committee, which. failing to persuade him on the same point, gave orders to search his house and appropriate the desired goods; but happily his wife had safely secreted all they possessed. Then he was directed to pay - up- wards of thirty shillings " to the mortified searching party, refused to obey, and was detained under guard until he produced the money. After that he was escorted before the Westchester County commit- tee, on complaint made by the Cortlandt Manor committee, to be examined as to his political principles. These several unpleasant in- cidents all occurred in the months of May and June, 1776; and con- sidering the respectable and reverend character of Mr. Townsend, together with the circumstance that all but " three or four " of the " Church people " of his parishes were Loyalists, the severity and per-
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