History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 163

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 163

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ELECTIONS .- During the colonial period elections were held on the first Tuesday of April in each of the towns for choosing of town officers, and as often as writs of election directed to the high sheriff were issued for the purpose of selecting members of the Colonial Assembly. The places where the latter were

1 Civil List, 1880, pp. 211 and 212.

2 It seemed to have had same powers as general term of present Su- preme Court.

3 Westchester County was in the Second Circuit.

4 See records of Court of Common Pleas.

6 Bolton's "History of Westchester County," vol. ii. p. 299 (new edition).

6 Court-house cost £2000. Additional appropriations were made in 1760 and 1762.

7 Proceedings of Board of Supervisors, 1873, p. 714.

645

CIVIL HISTORY.

held werc within the bounds of the civil divisions represented. The representative for the county was elected at first in the southern part of the county, and later near the Presbyterian mecting-house at White Plains.1 The voting in all cases was vira voce. The Constitution of 1777 made provision for a trial of voting by ballot. The act of March 27, 1778, au- thorized the use of the ballot in the election of Gov- ernor and Lieutenant-Governor, and that of February 13, 1787, extended it to the election of members of the Legislature. Doubtless up to the passage of the latter act elections were carried on in much the same manner as they had been during colonial times. The act last mentioned provided that they should be held in every borough, town, district, precinct or ward under the supervision of inspectors chosen for that purpose. Until after the passage of the act of March 27., 1799, the eanvassers were a joint committee of the Legislature, the boxes containing the ballots being sent by the sheriff to the Secretary of State for the purpose. After that date there were local eanvassers. The result was recorded by the town clerk, who made return to the county clerk, who made record and transmitted it to the Secretary of State, who, with the comptroller and treasurer, constituted a State Board of Canvassers. The act of April 17, 1822, instituted a County Board of Canvassers, consisting of one inspector of election from each town. Each town or ward was made an election district. The act of April 5, 1842, made the supervisors the county canvassers, and provided for the division of towns and wards into a convenient number of election districts. This duty devolved upon the supervisors, assessors and clerks of towns, who were required to do it where the population ex- eeeded five hundred.

ELECTION DAYS .- The act of February 13, 1787, appointed the last Tuesday of April the day for the general election, which might be held for five days. By the act of April 17, 1822, it was changed to the first Tuesday of November, and the polls were opened, by adjournment from place to place, for three succes- sive days. The act of April 5, 1842, the Tuesday suc- eeeding the first Monday of November was desig- nated, and the election was confined to one day. The election for town officers takes place on the last Tuesday of March.

SUPERVISORS .- By the "Duke's Laws," promul- gated in 1665, the Courts of Sessions levied the taxes upon the towns. By an act of the General Assembly, passed October 18, 1701 (13th William III.), the jus- tices of the peace, in special or general session, werc directed to levy once a year the necessary county and town charges and allowance for their representative in the General Assembly, to make provision for the poor, and to issue warrants for the election of two assessors

and one collector, and for the collection of taxes.2 These duties were transferred to a Board of Supervis- ors by an act of General Assembly passed June 19, 1703 (2d Anne), entitled “ An Act for the better ex- plaining and more effectually putting into Execu- tion an Act of General Assembly made in the third year of the Reign of their late Majesties King William and Queen Mary, entitled an Act for defraying the publick and necessary charges thro'out this Province and for maintaining the poor and Preventing Vaga- bonds." The freeholders and inhabitants of each town were authorized to choose once each year, on the first Tuesday of April (unless otherwise directed), one supervisor, two assessors and one collector. The supervisors elected were directed to meet in the county town on the first Tuesday of October, ascertain the contingent charges of the county and such sums as werc imposed by the laws of the colony, apportion to each town, manor, liberty, jurisdiction and precinct their respective quotas, and to transmit them to the assessors of the different towns, etc., who should ap- portion them among the inhabitants. The supervis -* ors were authorized to choose annually a treasurer. The Court of Sessions was thus relieved of that por- tion of its duties which was legislative and not judi- cial. Supervisors had been chosen in several of the towns before the passage of the act of 1703 ( East Ches- ter, 1686; Mamaroneck, 1697; New Rochelle, 1700), but what were their duties it is impossible to state. The records of the proceedings of the supervisors prior to 1772 having been lost during the Revolutionary War, we can only surmise what sections of the county came under the provisions of the act. East Chester, Westchester, Philipsburg, Pelham Manor, Morrisania, Mamaroneck, New Rochelle, Bedford and Rye prob- ably elected these officers. The census3 for 1712 gives some idea of the civil divisions recognized by law or usage, with the population of each,-

" Westchester 572

East Chester. 300

Rye . 516

New Rochelle.

304

Younkers.

260

l'hilipsburg. 348

Mo Marronack

Morrisania

Pelham.

Bedford 172

Cortland's Pattent 91

Ryke's l'attent 32

Scarsdale.

Total 2815 "

November 1, 1722 (9th Geo. I.), an act was passed entitled " An Act to increase the number of Supervis- ors in the county of Westchester, and that no wages of Supervisors shall be any part of the said county's rate for the future." After authorizing the choice of a freeholder by the freeholders and inhabitants, it was

1 "An act to fix and ascertain the place for election of representatives to serve in General Assembly for county of Westchester, passed the 25th of November, 1751."

2 Civil List, 1880, p. 209.

3 O'Callaghan's " Doc. Hist. of N. Y.," vol. i.]

646

HISTORY OF WESTCHESTER COUNTY.

provided that iu case of failure to elect, or where there were not more than twenty inhabitants, the owner of the manor or his steward should be supervisor. The freeholders of the Manor of Cortlandt were author- ized, by the act of December 16, 1737, to elect annu- ally one supervisor, one treasurer, two assessors and one collector, and Ryke's Patent, by the act of Janu- ary 27, 1770, were granted a similar privilege. While much is left to surmise prior to the year 1772, the records give both the towns and the supervisors who represented them from that day to this. The follow- ing is the list for 1773:

" Wm. Barker, Esq., for Scarsdale ; Doct. Haverland, for Rye ; Col. Cortlandt, for Yonkers ; Jas. Pell, for Pelham ; Col. Holmes, for Bed- ford ; Jas. Ferris, Esq., for Westchester ; Col. Morris, for Morrisania ; Abijah Gilbert, for Salem; Wm. Davis, for Philipsborough; Doct. Daton, for North Castle ; Stephen Ward, for Eastchester ; Wm. Sutton, Esq., loan officer and supervisor for Memorineck ; Justice Lockwood, for Poundridge ; Maj. Cortlandt, for Cortlandt Manor; Jas. Cronkliite, for Ryks Patten ; Doct. Graham, for the White Plains." 1

The supervisors met at first in the county town, Westchester. This place being inconvenient, the · supervisors were directed to meet in the school-house at Rye, by an act entitled, " An Act to alter the place of the supervisors' mecting in the county of West- chester," passed 29th of November, 1745, with the privilege of adjourning to such place as the majority should deem proper. The population of the northern portions of the county increased rapidly, and for their convenience the place of meeting was changed by act of February 6, 1773, to the court-house at White Plains, with the same privilege of adjournment. After the burning of the court-house, in 1776, the super- visors became a vagrant body, with no certain meeting- place. They met in Bedford, Manor of Cortlandt or Salem. But few towns were represented. All through these trying years we find about the same persons present,-Ebenenezer Lockwood, of Poundridge ; Major Joseph Strang, of Manor of Cortlandt; Israel Lyon, of Bedford ; Jacob . Purdy, of North Castle ; and Abijah Gilbert, of Salem. May 31, 1784, the supervisors met at the house of John Cromwell, in Harrison's Precinct, and there were present the fol- lowing persons :

John Thomas, Rye; Wm. Paulding, Manor of Philipsburgh ; Jona- than G. Tompkins, Manor of Scarsdale; Joseph Strang, Manor of Cort- landt ; Thad. Crane, town of Upper Salem; Benj. Stevenson, New Rochelle ; Israel Honeywell, Yonkers ; - Miller, Harrison's Precinct; Ebenezer Lockwood, Poundridge; Ebenezer L. Burling, East Chester ; Abel Smith, North Castle ; Daniel Horton, White Plains; Gilbert Budd, Mamaroneck ; Abijalı Gilbert, Salem.

The business was to levy two thousand pounds on Westchester, Yonkers, East Chester, New Rochelle, Mamaroneck, Manor of Scarsdale and the Manor of Pelham, as a war tax.

By the act of March 7, 1788, entitled " An act for de- fraying the necessary charges of the respective counties of the State," this county was divided into twenty towns viz .: Bedford, Cortlandt, East Chester, Greenburgh,

Harrison, Mamaroneck, Mount Pleasant, New Ro- chelle, North Castle, North Salem, Pelham, Pound- ridge, Rye, Salem, Scarsdale, Stephentown, West chester, White Plains, Yonkers and Yorktown. "The name of the town of Salem was changed to South Salem April 6, 1806, and to Lewisboro February 13, 1840, and a part of North Salem was annexed April 26, 1844. Ossining was formed from Mount Pleasant May 2, 1845. New Castle was formed from North Castle March 18, 1781, and a part of Somers annexed May 12, 1846. The name of Stephentown was changed to Somers April 6, 1808. West Farms was formed from Westchester May 13, 1846. Morrisania was formed from West Farms December 7, 1855. King's Bridge was formed from Yonkers December 16, 1872. By an act of the Legislature passed May 23, 1873, the towns of Morrisania, West Farms and King's Bridge were annexed to the county of New York, to take effect on the 1st day of January, 1874.2

From 1784 to 1788 the supervisors met in different places, usually, however, at White Plains, once in the Presbyterian meeting-house at Bedford ; after the latter date they met alternately at the court-houses, at Bedford and White Plains until 1870; since the latter date the court-house at White Plains has been their place of meeting.

CIVIL LIST. 3

COLONIAL ASSEMBLY .- The history of the various assemblies and conventions of the colonial period is a very important part of that of the struggle which ended in the independence of the colonies. It began in the conflict between the people and the director- general and Council in the Dutch colonial period, in which the former claimed a voice in the government, and the " Twelve Selectmen " of 1641, "The Eight Men" of 1643 and 1645, and " The niuc men " of 1647, '49, '50 and '52, which necessity wrung from the latter, are really the later Assembly in embryo. Our interest begins with the English period. March 1, 1665, a con- vention met at the summons of Governor Nicolls, at Hempstead, L. I., simply for the promulgation of the " Duke's Laws," which had been framed by the Gover- nor under the authority of James, Duke of York and Albany. Westchester (later the borough and town of Westchester) was represented by Edward Jessup and John Quinby. The tyranny and the customs law of the Duke of York so exasperated the people that the Duke, fearing lest the expenses of the colony should become a charge on his private purpose, sent out Governor Dongan with authority to convene a Gen- eral Assembly. He ordered, September 13, 1683, the election of an Assembly of fourteen representa- tives. The apportionment gave four to Westches- ter. Its first act was entitled "Charter of Liberties and Priviledges granted by his Royal Highness to

" Proceedings of the Board of Supervisors, 1873, p. 715.

3 We acknowledge our indebtedness to the Civil List of the State of New York, of 1880, for information, and even language to which special reference is not made.

1 See Record of Board of Supervisors.

647

CIVIL HISTORY.

the Inhabitants of New York and its dependencies." This act proves its authors worthy deseendants of a liberty-loving aneestry, and the true progenitors of the founders of American liberties. James had be- come King of England, and it is searcely necessary to add that this charter received the royal disapproval, and the General Assembly was abolished, June 16, 1686. Westchester was represented in this Assembly by Thomas Hunt, Sr., Jno. Palmer, Richard Ponton and William Richardson. At Leisler's Assembly, in 1690, Thomas Browne was Westehester's repre- sentative. He died and a new writ of election wes issued. Governor Sloughter arrived March 19, 1691, · with instructions from William and Mary to re-es- tablish the Assembly and reinstate the people in thrir rights. It consisted of seventeen members, but was afterwards inereased to twenty-seven. April 9, 1691, it met for the first time. From this date until it ceased to exist, April 3, 1775, it was engaged in one pro- longed conflict with the Governor and the erown for the rights of the people. By the aet of May 8, 1699, the representatives were elected by the freeholders of forty pounds in value, who were residents of the electoral distriet at least three monthis prior to the issue of the writ. The elections were held by the sheriff at one place in each county, and voting was viva voce. The act of November 25, 1751, directed the sheriff to liold his eourt of election near the Presbyterian meeting- house at White Plains. Previously it had been held in the sonthern part of the county, doubtless at West- chester. Catholies eould neither vote nor hold the office, and at one time the Quakers and Moravians were also virtually disqualified by their unwillingness to take the oath.

The General Assembly legally dates from 1691, with which date the compilers of the colonial laws were directed to eommenee. In the first eight As- semblies the county of Westchester was represented. By the royal charter of April 6, 1696, the borough of Westehester (now town) was established, the free- holders of which were empowered to choose a mayor, six aldermen and six assistants or Common Couneil for the government of the borough ; also one disereet burgess to every General Assembly. The borough of Westehester is represented from the Ninth Assembly. The Manor of Cortlandt was also entitled by its charter (dated June 17, 1697) to one representative after twenty years had elapsed. The General Assem- bly recognized this right June 11, 1734, and Philip Verplanek took his seat June 22d following. From this date what is now Westehester County had three representatives.

"On the day appointed for the meeting of a new Legislature the members-elect convened nt the Assembly Chamber in the City of New York, and if they were above thirteen in number, sent the Clerk of the House to inform the Governor of their attendance. Commissioners, generally, the Judges of the Supreme Court were sent to the Assembly Chamber to qualify them, after which their presence was required before his Excellency, who requested them to return to their Chamber and elect a Speaker. For that purpose they again retired, and having made a choice, conducted the person elected to the Chair, which was placed at

the upper end of the long table. He subsequently presented himself, accompanied by the members, to the Governor, for his approval, which was, of course, granted. The Speaker thereupon addressed the Gov- ernor, and, in behalf of the House, prayed ' that their words and actions may have a favorable construction ; that the members may have free ac- cess to him, and they and their servants be privileged with freedom from arrests.' The Governor having granted this request, opened the session by reading his speech to both Houses, a copy whereof was delivered to the Speaker of the Assembly. Messages to the Council were conveyed by one of the members of the House, who was met at the bar of the Council by the Speaker of that body, into whose hands the message was delivered. All money bills originated in the Assembly, which, according to the practice of the House of Commons, allowed no amendment to be made thereto by the Council. Both houses were present in the Council Chamber when the Governor passed the bills sent him, on which occa- sion the enstom was for his Excellency to ask the advice of his Council with respect to every bill. If approved, he signed them after these words, 'I assent to this bill, enacting the same, and order it to be en- rolled.' The acts were thereupon published in the open street, near the City Hall, New York, in the presence of the Governor and both branches of the Legislature. All laws passed were subject, subsequently, to an absolute veto of the King." 1

List of members of the Colonial Assembly from Westchester County.

Joseph Budd, Westchester, 1716-22.

John De Lancey, Borough of Westchester, 1768-72.

Peter De Lancey, Borough of Westchester, 1750-68.

John Drake, Westchester, 1698-1701, 1809-10.

Joseph Drake, Westchester, 1713-15.

Ilenry Fowler, Westchester, 1701.

Caleb Heathcote, Westchester, 1701-2.

John Hoite, Westchester, 1712-13.

John llunt, Westchester, 1699-1701.

Josiah Hunt, Borough of Westchester, 1702-10.

Josiah Hunt, Westchester, 1715-16.

Lewis Morris, Sr., Borough of Westchester, 1710-28.

Lewis Morris, Jr., Borough of Westchester, 1732-50.

Lewis Morris, Sr., Westchester, 1733-38.

Lewis Morris (3d), Borough of Westchester, 1769.

Jonathan Odall, Westchester, 1715-16.

John Pell, Westchester, 1691-95.

Adolph Phillipse, Westchester, 1722-26.

Fred. Phillipse, Westchester, 1726-50.

Fred. Phillipse (2d), Westchester, 1751-75.

Daniel Purdy, Westchester, 1739-43.

Joseph Purdy, Westchester, 1695-99, 1701-5, 1709.

Joseph Theale, Westchester, 1631-94, 1697.

John Townsend, Westchester, 1745-75.

Pierre Van Cortlandt, Manor of Cortlandt, 1768-75.

Philip Verplanck, Manor of Cortlandt, 1734-68.

Edmind Ward, Westchester, 1705-09, 1710-12.

Isaac Wilkins, Borough of Westchester, 1772-75.

Gilbert Willet, Borough of Westchester, 1728-32.

Isaac Willet, Borough of Westchester, 1772-75.

William Willet, Westchester, 1701-9, 1710-15, 1716-33. William Willet, Westchester, 1738.

Of these members, Adolph Philipse and Lewis Mor- ris, Jr., were elected Speakers, There were thirty-one Assemblies,-terms of service from two months to ten years. The compensation of the representatives from Westehester County and Manor of Cortlandt was six shillings (seventy-five eents) a day ; that of the repre- sentative of the borough of Westchester, ten shillings ($1.25.) These allowances were paid by their con- stituents.

DELEGATES TO THE PROVINCIAL CONVENTION OF APRIL 20, 1775 .- This convention was summoned by the Committee of Sixty, because the General Assem- bly refused to comply with the recommendation of the Continental Congress to choose delegates to tlie

1 Civil List, 1880, page 259.

648

HISTORY OF WESTCHESTER COUNTY.

Continental Congress. elected

The Westchester County

Samuel Drake.

Robert Graham.

Jonathan Platt. John Thomas, Jr.

James Holmes.

Lewis Morris.

Philip Van Cortlandt. Stephen Ward.

PROVINCIAL CONGRESS .- The last session of the Colonial Assembly was held April 3, 1775. These conventions were four in number. The first Provin- cial Convention met May 22, 1775. The apportionment varied. Some of the members were elected for one year, others for six months. The vote was taken by counties. The First, Second and Third Congresses met in New York, while the Fourth was migratory,-meet- ing at White Plains, Fishkill and Kingston. The deputies were chosen from the counties in the same manner as representatives to the Colonial Assembly.

Deputies from Westchester County.

Name.

No. of Congress. 1st.

David Dayton

Gilbert Drake

2d, 3d, 4th.

Joseph Drake . 1st, 2d.

Peter Fleming 3d.

Lewis Graham .

. 1st, 2d, 3d, 4th.

Robert Graham

1st, 2d.

Samuel Haviland

3d, 4th.

James Holmes .

1st.

Ebenezer Lockwood

. 2d, 3d, 4th.

Zebadiah Mills .

.4th.

Gouverneur Morris

. Ist, 3d, 4th.

Lewis Morris

4th.

William Paulding 1st, 2d, 3d, 4th.

Jonathan Platt . 4th.

Benj. Smith 4th.

John Thomas, Jr .

. 1st, 2d.

Jonathan G. Tompkins

3d, 4th.

Philip Van Cortlandt

1st.

Pierre Van Cortlandt

21, 34, 4th.

Stephen Ward Ist, 2d.

COMMITTEE OF SAFETY AND COUNCIL OF SAFETY. -During the recesses of the Congresses, a Commit- tee of Safety from its members was entrusted with executive functions. After the formation of the Con- stitution of 1777 a temporary form of government, called the Council of Safety, was appointed until a Governor and Legislature should be elceted.

Members from Westchester County.

Gouverneur Morris. Jonathan G. Tompkins.

Pierre Van Cortlandt.

The latter was the presiding officer.

STATE CONVENTIONS. - The Fourth Provincial Congress, which assumed the name of the Conven- tion of Representatives of the State of New York, re- solved itself into a convention to frame a Constitu- tion for the State. August 1, 1776, a committee 1 of thirteen members was appointed to prepare a form of government. This committee reported March 12, 1777, and the first Constitution was adopted April 20th, following. It is saturated with the principles for which the people had contended for more than a cen-

tury. The three distinct functions of government were recognized. A Legislature, consisting of a Sen- ate and Assembly, was the law-making body. The executive officer was called the Governor. The ap- pointing power was vested in a Council of Appoint- ment, which consisted of one Senator from each of the four Senatorial Districts. These members of the Council were appointed annually by the Assembly. The Governor, who presided over the Council of Ap- pointment, was to have " a casting voice, but no other vote." The elective officers were Governor, Lieuten- ant-Governor, Senators, Assemblymen and the clerks, supervisors, constables and collectors of the several towns. All other officers-civil and military-were appointed by the Council of Appointment. Male resident owners of freeholds of one hundred pounds' value elected the Governor, Lieutenant-Governor and Senators ; while owners of freeholds of twenty pounds in value, etc., were entitled to vote for Assembly- men.

The Second Convention convened in Poughkeep- sie June 17th, 1788, pursuant to an act of Legisla- ture, to consider the Federal Constitution. On July 26th the convention ratified it by a vote of thirty to twenty-seven, seven not voting. The following were the delegates from Westchester, all of whom showed their good sense by voting to ratify :

Thaddeus Crane. Lewis Morris.

Richard Hatfield. Lott W. Sarls.

Philip Livingston. Philip Van Cortlandt.

The Third Convention is that of 1801, which was held at Albany October 13th to 27th, pursuant to an act passed April 6th of that year, to settle the contro- versy which had arisen regarding the relative powers of the Governor and Council of Appointment respect- ing nominations for office, and to consider the expe- diency of altering the Constitution in regard to the number of Senators and Assemblymen, with power to reduce and limit the same. The Convention unanimously decided that the Conncil of Appoint- ment had equal powers of nomination with the Gov- ernor; fixed the number of Senators at thirty-two and the Assemblymen at one hundred, to be increased after each census, at the rate of two yearly, until they reached the number of one hundred and fifty.

Delegates from Westchester County.

Thomas Ferris. Pierre Van Cortlandt, Jr.

Israel Honeywell. Ebenezer White.

Jonathan G. Tompkins.

The Fourth Convention was held in Albany Aug- ust 28 to November 10, 1821. The question of a Con- vention for the Revision of the Constitution was sub- mitted to the people, It was carried by a very large majority. The burning questions of the day were about the Councils of Revision and Appointment. The former was objected to as exercising its veto power contrary to the ideas for which the colonists contended, and as being beyond the reach of the peo-

1 For names of representatives of Fourth Provincial Congress, see list above. Gouverneur Morris, of Westchester County, was on the com- mittee.

649

CIVIL HISTORY.

ple ; and the latter, because it had assumed judicial authority. The Constitution of 1821 was ratified by the people February, 1822. The vote was put into the hands of all white male citizens, virtually without condition. The Councils of Revision and Appoint- ment were abolished. Appointments, for the most part, were made by the Governor, by and with the ad- vice and consent of the Senate. The number of elec- tive officers was increased.

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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 163

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