History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 162

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354

USA > New York > Westchester County > History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I > Part 162

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Iu what is now Westchester County we have, there- fore, botlı systems-in Colendonck the government of a patroon or feudal baron, in Oostdorf the commune or town, with some local autonomy.

The New Netherlands were governed by the "Dutch Roman [or Civil] Law, the imperial statutes of Charles V., and the edicts, customs and resolutions of tlie United Netherlands8 and such ordinances as the Dutch West India Company should prescribe.

The boundary between the New England colonies and the New Netherlands had been in dispute. By the treaty of 1650 Greenwich on the main land and Oyster Bay ou Long Island became the eastern limits of the latter. 9 November 15, 1663, Westchester was ceded by Stuyvesant to Connecticut, and English law and customs prevailed. Less than a year later, Sep- tember 8, 1664, the New Netherlands surrendered to an English squadron under Richard Nicolls. The New Netherlands became New York, the Dutch West India Company wore succeeded by the Duke of York (to whom his brother, Charles II., " by the most des-

1 O'Callaghan's " History of the New Netherlands," vol. ii. p. 382. 2 Civil List of State of New York, 1880, p. 57.

$ O'Callaghan's "Hist. of N. H."

+ O'Callaghan's " History of N. H.," pp. 312-313.

5 There is among the records of the town of Westchester one entitled

'The Book of Courts Acts from 1657 to 1662.""

6 O'Callaghan's " History of N. N.," pp. 391-393.

" Civil List of State of N. Y., 1880, pp. 57-58.

8 Civil List of State of N. Y., 1880, p. 23.

9 Bancroft's "Hist. of U. S." (last edition), vol. i. p. 508.

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CIVIL HISTORY.

potic instrument recorded in the colonial archives of England," which ignored alike English charters and Dutch claims), 1 aud the civil law gave place to the commou law. With the exception of a brief period of Dutch occupatiou in 1673 to 1674, English rule re- mained until the Revolution. Anglo-Saxon ideas and customs still predominate. Richard Nicolls took Stuyvesaut's place, and found it profitable employ- ment, for the fees received, to issue new patents to the old settlers. The Duke of York, whose deputy the Governor was, promised more privileges than he ever gave.

COUNTY UNDER ENGLISH RULE .- Changes in the proprietors and systems brought with them local changes. Colendonck (Yonkers), the second civil divi- sion of what is now called Westchester County, had beeu blotted from the map by the massacre of its in- habitants by the Algouquin Indiaus in September, 1655.2 Nothing remained but the charter. In 1664, ouly Westchester, formerly called by the Dutch Oost- dorp, or Easttown, remained. "A convention of two delegates from each town on Long Island3 was held at Hempstead in February, 1665, for the purpose of receiving from the Governor the code which he had prepared, and which was called ' the Duke's Laws.' The code was chiefly compiled from laws then in force in New England, 'with an abatement of the severity against such as differ in matters of conscience and religion.' The only popular feature of the code was the one organizing the town courts. It provided for the election, by a majority of the freeholders of each town, of eight overseers, to try minor causes, and adopt local ordinances, subject to the approval of the Court of Assize. Four were to retire each year, and from them a constable was to be elected on the 1st or 2d of April, to act with the overseers, his election being subject to confirmation by the justice, in whose hands the local administration was really vested. Long Island, Staten Island and parts of West- chester were united in a shrievalty called Yorkshire, and divided into three districts, called ridings. The English system of sheriff's courts was introduced. The Governor and the Council appointed each year a sheriff for the whole of Yorkshire, and three justices of the peace for each riding, who were to continue in office during the Governor's pleasure, and were to hold a Court of Sessions in each riding three times a year, in which the Governor or any of his councilors might preside. Besides their local duties, the high sheriff and justices were to sit with the Governor and his Council in the Supreme Court of the Province, called the Court of Assize, which was to meet at New York once a year, on the last Thursday in September. This court was also a legislative body, as it was invested with ' the supreme power of making, altering and abolish-

iug any laws,' except customs laws, in which it could only recommend changes. Town officers were required to make assessments annually, and taxes were levied through the Courts of Sessions, which made requisi- tions upon the town authorities. The delegates to the couventiou asked for power to choose their local magis- trates. This was denied, the Governor exhibiting his instructions from the Duke of York, 'wherein the choice of all the officers of justice was solely to be made by the Governor.'" + From 1665 to 1683 the inhabited portion this county formed, with Staten Island, Kings County and Newtown, the West Riding of Yorkshire.

Westchester County, with substantially the same boundaries as at present, was erected, November 1, 1683, by the following act of the General Assembly, assented to by the Governor and Council :

" An Act to divide the Province of New York and dependencies into shires and counties, etc.

" Having taken into consideration the necessity of dividing the Prov- ince into respective countys, for the better governing and settling courts in the same, be it enacted by the Governor, Council and the Represen- tatives, and by the authority of the same, that the said Province be di- vided into twelve countys as followeth . The County of Westchester to conteyne, West and Eastchester, Bronx-land, Fordliam, Anne Hook's Neck, Richbell's, Miniford's Islands, and all the land on the maine to the eastward of Manhattan's Island, as farre as the government extends, and the Yonker's land, and northward along Hudson's River as farre as the Highland. . . .

"The bill having been three times read before the governor aud Council, is assented to the first of November, 1683." 5

This act is confirmed by one passed October 1, 1691 (3d William and Mary).

The dividing line between this State and Connecti- cut was in dispute. As this was a border county, it was involved. Prior to the taking of the New Neth- erlands by the English a controversy was going on between the Dutch and colony of Connecticut. This was inevitable from the fact that the charters came from different nations. There could have been but one outcome-the Dutch were obliged to yield and the inhabitants of Connecticut would have pushed their settlements to the Hudson River. The charters granted by the English did not settle matters. The Duke of York's domain extended to the Con- necticut River, that of Conuecticut to the "South Sea."

The determination of the boundary line settled the civil status of Bedford and Rye. Both colouies ac- knowledging one supreme authority an amicable ad- justmeut was possible. Commissioners were sent over for the purpose in 1664. The line decided upon was to be twenty miles east of the Hudson River and was located at the Mamaroneck River. The towns named above fell to our neighbor. The matter was reopened iu 1683 and the dividing line placed by agreement at Byram River. Bedford and Rye became a part of

1 Bancroft's " History of the U. S.," vol. i. p. 518 (last edition). 2 Ibid.

3 This is a mistake; Westchester was represented by Edward Jessup and John Quinby.

60-61

+('ivil List of State of New York, 1880, pp. 45 and 46.

5 Provincial Laws of N. Y., Co. Clerk's Office, Queeu's Co., L. I., as quoted by Bolton-" llistory of West Co.," vol. i. pp. 7 and 8 (new edi. tion).

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HISTORY OF WESTCHESTER COUNTY.

New York. The King died before this settlement re- ceived his approval, aud the subject was an open one once more. March 29, 1700, William III. approved of the agreement of 1683. The line was not finally established until May 14, 1731, by which the "Ob- long," a tract of sixty-one thousand four hundred and forty acres, extending as far north as the Massa- chusetts liue, was ceded to New York, in compensa- tion for loss of territory along the Sound, in addition to the towns named above. That portion of the "Ob- long " which belongs to this county was erected into the town of Salem (now Lewisboro). By an act euti- tled " Au Act to ascertain Part of the Southern and Western Boundaries of the County of Westchester and Eastern Boundaries of the County of Orange and Part of the Northern Bounds of Queens County," passed December 31, 1768 (9th George III.), the wa- ter boundaries were given more definitely.

COURTS .- By the act of 1683, Westchester was made the county-town, and the courts there estab- lished. From the report to the Committee on Trade on province of New York, of February 22, 1687, made by Governor Dongan, who had summoned the General Assembly of 1683, we gain some idea of the courts established by the act referred to,-

Courts of Justice are now established by Act of Assembly, and they are :

"1. The Court of Chancery, consisting of Governor and Council, is the Supreme Court of this province, to which appeals may be brought from any other court.

"2. The Assembly finding the inconvenience of bringing ye peace, sheriffs, constables @ other persons concerned from the remote parts of this government to New York, did, instead of the Court of Assizes which was yearly held for the whole Government of this province, erect a Court of Oyer and Terminer, to be held once every year within each county, for the determining of such matters as should arise within them respect- ively, the members of which court were appointed to be one of the two judges of this province, assisted hy three justices of the peace of that whereiu such court is held, which Court of Oyer aud Terminer has like- wise power to hear appeals from any inferior Court.

" 4. There is likewise in every county, twice in every year (except in New York, where its four times, @ in Albany, where its thrice), Courts of Sessions held by the Justices of the Peace for the respective counties, as in England.

"5. In every town within ye Government there are 3 Commissioners appointed to hear and determine all matters of difference not oxceeding the value of $5, which shall happen in the respective towns." 1

By the act of General Assembly passed May 6, 1691, and ordinance of 1699, several changes were made in the judicial system of the province. A Supreme Court was established, the Court of Oyer aud Termi- ner as a distinct court was abolished, aud its jurisdic- tion vested in the Supreme Court, which retained also the name for its criurinal circuit, the functions of the Court of Sessions were confined to criminal matters, and a Court of Common Pleas, erected for each coun- ty, with cognizance of all actions, real, personal and mixed, where the value exceeded five pounds. From the civil list of the province of New York for 16932 we learn something of civil affairs in this county,-

"Justices in Westchester County : Caleb Heathcote, Esqr., Judge of Common Pleas ; Joseph Theall, Wm. Barnes, Daniel Strange, James Mott, John Hunt, Thomas Chadderton, Thomas Pinckney, Esqrs .; Benj. Collier, Sheriff ; Joseph Lee, Clerk of County ; Collectors, Assessors and Constables elective.

" An account of all Establishments of Jurisdiction Within this Province. " Single Justice .- Every Justice of the Peace hath power to determine auy suite or controversy to the value of 408.

" Quarter Sessions .- The Justices of the Peace in Quarter Sessions have all such powers and authorities as are granted in a commission of ye Peace in England.

'. County Court .- The County Court or Common Pleas hath cognizance of Civil Accôns to any value, excepting what concerns title of land and noe Accôn can be removed from this court, if the damage be under £20.

"Supreme Court .- The Supreme Court hath powers of King's Bench, Common Pleas & Exchequer in England and noe Accôn can be removed from this court if under £100.

"Chancery .- The Governor & Council are a Court of Chancery aud have powers of the chancery in England, from whose sentence or decree nothing can be removed under £300.

" Prerogative Court .- The Governor discharges the place of Ordinary in granting administracons and proveing Wills, etc. The Secretary is Register. The Governor is about to appoint Delegates in the remoter parts of the Government, with supervisors for looking after intestate's estates and provideing for orphans."

Minor criminal offenses were looked after by the Court of Sessions, and the more flagrant by the judges of the Supreme Court in their circuits through the counties. They had for this purpose "a commission of oyer and terminer and general jail delivery, in which some of the county judges were joined." 3

Smith, in his " History of New York," gives us an interesting account of the courts as they were in 1757,-

" Justices of the peace are appointed by commission from the Govern- ors, who, to serve their purposes in elections, sometimes grant, as it is called, the administration to particular favorites in each county, which is the nomination of officers civil and military ; and by these means jus- tices have heen astonishingly multiplied. There are instances of some of these who can neither write nor read. These Genii, hesides their ordi- nary powers, are by acts of assembly enabled to hold courts for the de- termination of small causes of 5 pounds and under ; but the parties are privileged, if they choose it, with a jury ; the proceedings are in a sum- mary way, and the conduct of the justices has given just cause to innu- merable complaints. The justices have also jurisdiction with crimes under the degree of grand larceny ; for any three of them (one being of the quorum) may try the criminal without a jury, and inflict punish ments not extending to life or limb.

" The Sessions and Court of Common Pleas .- The Court of Common Pleas takes coguizance of all causes where the matter in demand is in vahe ahove 5 pounds. It is established hy ordinance of the Governor iu Council. The judges are ordinarily three, and hold thoir offices during pleasure. Thro' the infancy of the country, few, if any of them, are acquainted with tho law. The practice of these courts is similar to that of the common bench at Westminster. They have each a clerk, commis- sioned by the Governor, who issues their writs, enters their minutes and keeps the records of the country. They are held twice every year. These judges, together with some of the justices, hold at the same time a court of general sessions of the peace.

"Supreme Court .- The judges of this court, according to the act of Assembly, are judges of the Nisi Prius, of course, and agreeably to an or- dinance of the Governor and Council, perform a circuit thro' the countics once every year. They carry with them at the same time, a commission of oyer and terminer and general jail delivery, in which some of the county justices are joined. They have but two clerks-one attendant upon the Supreme Court at New York and the other on the circuits." 4

From these accounts and other sources we gain some idea of the judicial system of the county during

1 O'Callaghan's "Doc. History of N. Y.," vol. i. pp. 147 and 148.

" ('C'allaghan's " Doc. History of N. Y.," vol. i. pp. 315 and 319.

3 Civil List, 1880, p. 209.

4 Smith's "History of N. Y.," vol. i. pp. 369-377.

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CIVIL HISTORY.

colonial times. Under the Duke's Laws there ex- isted a Court of Sessions with both civil and criminal jurisdiction, held three times a year by the resident justices of the peace and the Town Court, held by the constable and at least five overseers of town. The latter court had both legislative aud judicial func- tions, while the former exercised some of the func- tions of the supervisors.1 From 1683 to 1691 we have the Court of Oyer and Terminer, with civil, criminal aud appellate jurisdiction, held by one judge and three resident justices of the peace ; a Court of Sessions, with civil and criminal jurisdiction and power to audit and levy the county and town charges, held twice each year; and a Town Court, held by thrce commissioners. From 1691 to 1776 there were Cir- cuit Courts held aunually by one of the Supreme Court justices, who had a commission of Oyer and Terminer, in which some of the county judges were associated ; the Court of Common Pleas, composed of one judge and two or more justices of the peace, which took cognizance of all actions, real, personal and mixed, where the matter in demand exceeded the sum of five pounds iu value ; the Court of Sessions, whose jurisdiction was now confined to criminal cases ; the Justice's Court in the various towns. The people had comparatively little voice in their owu government. The judges of the various courts, jus- tices of peace, slieriff, county clerk, surrogate, and, in fact, all officers, except the town officers (supervis- ors, collectors, assessors and constables), were ap- pointed by the Governor, who was responsible only to the King. Most of the officers thus appointed held office during the pleasure of the Governor. This con - dition of affairs produced dissatisfaction among the people, and led to an almost perpetual conflict be- tween the Government and the General Assembly. The elective officers were the overseers, supervisors, collectors, assessors and constables of the town, the mayor, aldermen and Common Council of the town or borough of Westchester,2 (which had a special charter) aud representatives in the General Assembly.

COUNTY UNDER THE CONSTITUTION .- When New York ceased to be a colony of England and became an independent State, great and radical changes in principle were made, yet the machinery of govern- ment was but little changed. The source of authority was changed, not its expression. The Constitution of 1777 substituted for a Governor appoiuted by the King one elected by the people; the Council ap- pointed by the King or Governor became a Senate, elected by the people; and the General Assembly elected by the people remained. The apportionment in both branches of the Legislature was according to population,-a principle not previously recognized. The uumber of elective officers remained the sainc, but the appointing power was vested in the Council of

Appointment, presided over by the Governor, who had a casting vote, consisting of one Senator elected annually by the Assembly from each of the four sena- torial districts. A Governor and Council holding office at the pleasure of the King gave place to a Governor and a Council elected by the people for a limited term, and thus became directly amenable to them. The elective franchise in principle remained the same, with the single exception that there was no discrimination on account of religiou. The property qualification was still retained. The judicial system remained largely the same. The common and statute law of Great Britain and the acts of Colonial General Assembly, except so far as they couflicted with the new order of things, were made the law of the State until modified by the Legislature. The radical change was in the constitution of the court of final resort. Under the colonial system the Gov- ernor and Council were the court for the correc- tion of errors and appeals, from whom appeals, where the value exceeded five hundred pounds, or where the Episcopal Church was involved, lay to the King in Privy Council. Under the first constitutiou the executive had no judicial functions ; the court of final resort was called the Court for the Trial of Impeachments and the Correction of Errors, consisting of the Lieutenant-Governor, Senate, chancellor and judges of the Supreme Court. One other important change was made. In Eugland the granting of pro- bates was a royal prerogative and in the colouy was vested in the King's representative, the Governor. The Governor of the State was stripped of this au- thority, which was granted to the surrogates of the counties and the Court of Probate. With these ex- ceptions, the colonial courts were recognized, and we have the Court of Chancery with equity powers, the Supreme Court, Court of Common Pleas, Court of Sessions and the Justices' Courts. Their powers re- mained substantially the same. The Supreme Court judges held Circuit Courts and Courts of Oyer and Terminer in each of the counties. In the latter, two or more judges of the Common Pleas were associated.

The Constitution of 1821 extended the elective franchise by virtually removing the property qualifi- cation, except in the case of colored persons, who were to be freeholders of two hundred and fifty dol- lars and tax-payers. The appointiug power was vested in the Governor with the advice and consent of the Senatc. The offices of sheriff and county clerk became elective (term of service three years). The justices of the peace were to be appointed by the supervisors and judges of the County Court.

The courts in name remained the same, but the constitution of the Supreme Court was somewhat changed and a Circuit Court was added. "The Supreme Court sat four times a year in review of their decisions and for the determination of questions of law. Each justice was empowered to hold circuit courts and any justice of the Supreme Court could

I See Supervisors, below.

2 See History of Town of Westchester.

644

HISTORY OF WESTCHESTER COUNTY.

likewise preside at the Oyer and Terminer." 1 2 The Constitution provided that the State should be divided into not less than four nor more than eight circuits.3 Each district had its circuit judge, who possessed the powers of a justice of the Supreme Court at chambers, in the trial of issues joined in the Supreme Court, and in the Court of Oyer and Ter- miner. The Courts of Common Pleas and Sessions and Justices' Court were continued. Prior to the adoption of this Constitution most offices were held either during good behavior or at the pleasure of the appointing power. The judges of the Court of Common Pleas were appointed for the term of five years, and the surrogates for four years. In 1823 the Court of Probates disappears, and appeals from the surrogates lay to the chancellor. The justices of the peace became elective in 1826.

The Constitution of 1846 extended the franchise to every resident white male citizen who was twenty- one years of age. The XV. Amendment to the Con- stitution of the United States erased the word white. All judicial offices of the State, all county offices and almost all civil offices in the gift of the State became elective. The Court for the Final Im- peachment and the Correction of Errors disappears. A new Court of Appeals is established, the constitution of which was somewhat modified by the amendment of 1866. A new Supreme Court was erected, vested with the powers hitherto possessed by the Supreme Court, the Court of Chancery and the Circuit Court. The County Court takes the place of the Common Pleas and the county judge, with two justices of the peace, holds the Court of Sessions. The jurisdiction of the former was much greater than its predecessor. This county forms part of the Second Judicial Dis- trict. At the present time the Supreme Court holds four terms and the County Court five each year at the court-house, White Plaius.

COUNTY-SEAT .- By an act of General Assembly cn- titled " An Act for the more orderly hcaring and deter- mining matters of controversy, " etc., passed October 29, 1683, it was directed that Courts of Session for West- chester County should be held on the first Tuesdays of June and December, one to be held at Westchester and the other at East Chester. On the first Wednes- day of December a Court of Oyer and Terminer and General Jail Delivery was to be held. Westchester remained the shire or county-town until November 6, 1759, when the last session of the Court of Common Pleas was held there. + The New York Post-Boy of February 13, 1758, contained the following item : " New York, February 13th .- We hear from West- chester that on Saturday the 4th inst., the court-house at that place was unfortunately burnt to the ground,

We have not heard how it happened."5 The destruc- tion of the court-house on February 4, 1758, and the felt necessity for a more central location for the coun- ty town, led to the passing of the following act on December 16, 1758: "An Act to impower the Justices of the Peace and Aldermen of the Borough of Westchester, in conjunction with the Supervisors of the said County, to ascertain and fix the place for erecting a new Court-House and Gaol for the said County ; and for raising a sum not exceeding One thousand Pounds, on the Estates, real and personal, of all the Freeholders and Inhabitants of the said County, for and towards erecting the said Court- House and Gaol." White Plains was selected as the place, and on November 7, 1759, the Court of Common Pleas held its first session in the court-house.6 The act of February 6, 1773, directed the supervisors to meet in the court-house. In July, 1776, the Provin- cial Convention met in it. November 5, 1776, the building was burned by some of the American troops, the records having previously been removed to a safe place. During the Revolutionary War the courts were held in the Presbyterian Church at Bedford until its destruction by the British, in 1779. From this time until November, 1884, they were held at the meeting-house in Upper Salem. The act of April 11, 1785, ordered them to be held in the Presbyterian meeting-house at Bedford until the court-house should be rebuilt or until further orders of the Legislature. The act of May 1, 1786, directed the erection of court- houses at both White Plains and Bedford and eigh- teen hundred pounds was appropriated for the purpose. Stephen Ward, Ebenezer Lockwood, Jonathan G. Tompkins, Ebenezer Purdy, Thomas Thomas, Richard Hatfield and Richard Sacket, Jr., superintended their construction. The first session of the County Court was held in Bedford court-house January 28, 1788, and that at White Plains on May 26th following. The courts were held alternately at these places until 1870, when, by chapter five hundred and fifty by the laws of 1870, it was directed that they be hereafter held in the new court-house at the latter. The present county buildings were erected in 1856-57, under the superin- tendence of a committee appointed by the Board of Supervisors, consisting of Abraham Hatfield, States Barton, William Marshall, Jr., Danicl Hunt and George G. Finch, at a cost of one hundred and twenty thousand dollars. 7

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History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 162

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed Publication date: 1886 Publisher: Philadelphia : L.E. Preston & Co. Number of Pages: 1354

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354