History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 27

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 27

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2 It is here cited from a MS. copy of the original Manuscript of the Dongan Lars, at Albany, in which it is found on page 12.

3 II. Bradford's Laws, ed. 1710, p. 11. III. Bradford's Laws, ed. 1726, p. 11. I. Livingston & Smith's Laws, 6., II. Van Schaack, G.

+ Westchester is nanied first in the original act, while it is second here. This is the only change that was made.

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THE ORIGIN AND HISTORY OF THE MANORS.

sembly was John Pell, who was thus the first of a line of Assemblymen for the County which has existed from that day to this. In the Governor's Council at the time of this first Assembly as Members by Royal appointment, and as such, members of the Upper House which passed this Act, were Stephanus Van Cortlandt and Frederick Philipse, who were also of the Council mider James as Duke and as King. Thus among the framers of the original act which created the County, who, so to speak, were present at its birth, and also at its confirmation were two members of fam- ilics, subsequently manorial, both of whom were the first Lords of the Manors of Philipsburgh and Cort- landt, neither of which had then been erected.1

Who represented " The North Riding," in the As- sembly under the Duke of York is not known as the Journals of all the Assemblies front 1683 to 1686 have been lost, and the names of the members of all of them have consequently gone into oblivion.

No change whatever took place in the limits of Westchester after the act of 1691, until the "Equiva- lent Lands," or "Oblong," was acquired by New York in the settlement of a boundary dispute with the Colony of Connecticut, on the 11th of May, 1731. This was a strip nearly two miles in width taken off the western side of Connecticut as far north as Mas- saelrusetts, and ceded to New York in exchange for lands upon the Sound yielded to Connecticut. The extension of the counties of New York over this strip was not made by a Legislative act. Being an addi- tion to a Crown Colony, it was a new acquisition by the Crown, and as such its status was legally deter- minable by the King. Hence an "Ordinance " by the Governor of New York in the name of the King was issued on the 29th of August 1733 extending West- chester and the other counties affected up to the new line between New York and Connecticut established by the agreement of the 14th of May 1731. As this Ordinance docs not appear in any collection of New York Laws and Ordinanees that the writer has seen nor in the two volumes of Historical Documents relat. ing to the Boundaries of New York, lately compiled and printed by order of the Regents of the University and is rare, it is here given in full from an original printed copy in the writer's possession.

" An

Ordinance for The Running and better Ascertaining the Partition Lincs between the Countics of West- chester, Dutchess, Albany and Ulster, and extending those Counties on the East side of Hudsons River to the present Colony Line of Connecticut.

GEORGE the Second, by the Grace of God, of Great Britain, France, and Ireland, KING, Defender of the Faitlı, &c. To all Our loving subjects inhabiting or being in our Province of New York, and to all others whom it doth or may concern, Greeting,

Whereas since the passing of the Acts of Assembly in the year 1683, and 1691, for dividing this Province and its Dependencies into Shires and Counties, there are several acquisitions of Lands by New Settlements, and otherwise, particularly the Equivalent Lands Sur- rendered by the Colony Connecticut, whereby this Colony has became larger than it was before. And Whereas notwithstanding that the Counties lying on the West side of Hudson's River, were by the said Aets intended to be parted and divided by a West Line to be drawn from Hudson's River, at the respec- tive Stations and Places on the said River, mentioned in the said Acts, to the ntmost extent of Our said Province on the West side of the said River ; and that the Counties lying on the East side of the said Hudson's Rirer were likewise, by the said Acts, in- tended to be parted and divided by an East Line to be drawn from Hudson's River at the respective Places and Stations on the said River, mentioned in the said Acts, to the utmost extent of Our said Province, on the East side of the said River, Yet the People living on the Borders of the said Counties, or some of them, for want of the said actual Running and Sur- veying of the said Partition Lines, protest sometimes that they are in one County, and sometimes within another, and on that pretence have committed several Abuses, and endeavored to elude all Process issuing from the Courts of Judicature, to the great hindrance of Justice, encouragement of Fugitives and Vaga- bonds, and to the disturbance of our Peace.

And Whereas, since the passing of the said Acts, the Christian Settlements and Plantations, have been greatly extended into the Indian Counties, particu- larly in that part of the Province, which is called and esteemed the County of Albany, from whenec somc Doubts have arosc, Whether the Settlements made since the passing of the said Acts, are at present within the said County of Albany ?

In order therefore, to remove such Doubts, remedy such mischiefs, and prevent the like Inconvenencies for the future, We do hereby Ordain and Direct, That the County of Westchester do and shall contain, All tlie Lands on the Main between Hudson's Rirer and the Sound, to the Southward of an East Line drawn from a Red Cedar Tree on the North Side of a high Hill in the Highlands, commonly called and Known by the Name of Anthony's Nose, and running thence to the Colony Line, together with the adjacent Is- lands in the Sound.

Now We do hereby further Ordain and Direct, That the South Bounds of the County of Albany, do and shall begin at the Mouth of of a Creek or Brook called the Sawyer's Creek, on the West side of Hud- son's River, and from thence Shall run West to the utmost extent of our Province of New-York. And that ou the East side of the said River, the said County of Albany shall begin at the Mouth of a Brook called Roelofl' Jansen's Kill, and shall run thence Eastward to the utmost extent of our said

1 And John Pell who was the member for the County in 1691, and voted for the act of that year, was of that old family which then pos- sessed the Manor of Pelham.

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HISTORY OF WESTCHESTER COUNTY.

Province ; and that the said County of Albany shall extend from the said South Bounds Northerly, on both sides Hudson's River, to the utmost extent of Our said Province, and shall comprehend therein the Mannor of Livingston, the Mannor of Ranslaerswyck- Schenectady, and all the Towns, villages, neighbours hoods and Christian Plantations, and all the Land, that now are, or at any time heretofore in possession of or claimed by any of the Indians of the Six Na- tions, the River Indians, or by any other Indians be- longing or depending On Our said Province.

And we do hereby likewise Ordain and Direct, that the North Bounds of our County of Ulster shall be- gin at the Mouth of the said Sawyer's Creek or Brook, and extend from theuce West to the utmost extent of Our said Province.

Aud We do hereby further Ordain and Direct, That the County of Dutchess do and shall contain All the Lands between Hudson's River and the Colony of Connecticut, from the North Bounds of the County of Westchester to the South Bounds of the County of Al- bany.

And Our Royal Will and Pleasure is, and We do hereby Direct and Require, That Our Surveyor Gen- eral of Our said Province of New York, shall, with all convenient spced, Run, and Survey the Partition Line between the Counties of Westchester & Dutchess, the Partition Line between the Counties of Dutchess and Albany, and the Partition Line between the Counties of Albany and Ulster.

In Testimony Whereof, We Have caused these Our Letters to be Made Potent, and the Scal of Our Prorince of New York to be hercunto affixed. Witness our Trusty and Well-beloved William Cosby, Esq., Captain Gen- eral and Governour-in Chief of Our said Province of New York and the Territories depending therean in America, Vice-Admiral of the same, and Colonel in his Majesty's Army, &c. in and by and with the Consent and Advice of Our Council of Our said Province, at Fort George in Our City of New York, the Twenty nineth Day of August, in the Seventh Year of Our Reign Annoq ; Dom. 1733."

This Ordinance really established the boundaries, not only of Westchester County but of the whole Province outside of Long Island, Staten Island, Man- hattan Island and the County of Orange at its date. Its description of the County of Albany is believed to be the largest and fullest of that County extant, prac- tically including in it the whole Indian territory of the Six Nations westward, wherever they ruled in 1733. By it the southeru portion of the "Oblong" was formally annexed to, and made a part of the County of Westchester as it has ever since remained. It did not however extend the lines of the Manors and Patents granted before its date, and bounded by the original Colony line to the new one. The manor of Cort- landt was not thereby extended to the new Colony linc established in 1731. Mr. Robert Livingston a few years after the date of this ordinance, undertook

to claim that his Manor of Livingston was by implied intendment extended to the new Colony line, and instituted au ejectment suit against the then owners of the part of the Oblong adjoining his manor, but he did not succeed. Some of the papers in this matter which the writer has examined show, however, that the "Oblong" owners were exceedingly alarmed at this claim. This Ordinance is also of interest as being a good admirable example of an instrument of royal rule confined to the British Crown Colonies in America.

For the next thirty-five years the Bounds of the County remained unchanged, no other Ordinance or Act relating to the limits of Westchester was made or enacted. The division line in the Hudson River and in the Sound, however, became questioned in criminal Proceedings. To settle all questions on this subject of every kind, whatsoever, on the 30th of December, 1768, the very last day of that year, an Act was passed, "To ascertain Part of the Southern and West- ern Boundaries " of the County of Westchester, the Eastern Boundaries of Orange County, and Part of the Northern Bounds of Queens County."1 It settled the jurisdiction over, and also the title to, all the islands and inlets in the Sound, many of them mere masses of naked rock, rising from its waters. It is in these words;

" Whereas there are many Islands lying and being in the Sound, to the Eastward of Frog's Neck, and Northward of the main channel, opposite to the Couuty of Westchester, several of which are not in- cluded in any county in this Province.

And Whereas, also that part of Hudson's River, which lies opposite to the said County of Westchester, is not included in any County of this Province; in order to remedy which, and to render the Administra- tion of Justice more effectual ;

I. Be it Enacted by his Excellency the Governor, the Council, and the General Assembly, and it is hereby En- acted by the Authority of the same,2 That by all the Islands lying and being in the Sound to the Eastward of Frog's Neck, and to the Northward of the Main Channel, and as far Eastward as Captain's Island, in- eluding the same, together with all that part of the Sound, included within these Boundaries shall be and remain in the County of Westchester ; and all the Southernmost part of the Somd from the bounds aforesaid as far as Queens County extends Eastward, shall be, and is hereby, annexed to Queens County ; and all that part of Hudsons River, which adjoins the County of Westchester, and is to the Southward of the Connty of Orange,3 or so much thereof as is included within this Province, and the Easternmost half Part of said River, from the Sonthermost Bounds of the County of Orange, to the Northermost Bounds of the County of Westchester, shall also be and remain in the said County of Westchester.

1 1I. Van Schaack's Laws ch. 1376, p. 527.

2 This was the forin of enacting clause used in the Colonial Legislature of New York.

3 Orange then included what is now Rockland County.

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THE ORIGIN AND HISTORY OF THE MANORS.

11. The second clause enacts that "The Middle of the said (Hudson) River shall be, and is hereby de- clared to be, the Boundary Line between the said Counties of Orange and Westchester," and that the western half "is declared to be included in, and an- nexed to the said County of Orange, together with all the Islands included within the said Bounds."

III. And be it further Enacted by the Authority afore- said, That from and after the Publication of this Act, all the Islands and Premises hereby ineluded in, and annexed to the said County of Westchester, shall be taxed and subject to all such Laws, Rules, and Regu- lations, with those Manors, Towns, or Districts, to which they are nearest in Situation."

The effect of this law was to remove all doubt that might arise in relation to the subject of the act. It affected the coast-line of every Manor in the County. From the ninth day of July, 1776, when the Provin- cial Congress sitting then at White Plains, accepted, while " lamenting the necessity which rendered that measure unavoidable," 1 the Declaration of Indepen- dence, until 1789, when the Government of the United States, framed by the convention of 1787, went into operation, New York was an independent Sovereign State, mistress of herself, and as such was one of the thirteen independent Sovereignties so acknowledged by the British Treaty of Peace in 1783. While in this condition her Legislature divided her territory into counties and townships, and made some changes in the former from what they had been under the Province of New York. This was done by two acts passed on the 7th of March, 1788, chapters 63 and 64 of the Laws of 1788.2 Both acts, however, were only to take effect from and after the first day of April, 1789. By the former, which related to the counties, the State was divided into sixteen counties, four more than by the act of 1691, to be called by the names of New York, Albany, Suf- folk, Queen's, King's, Richmond, Westchester, Or- ange, Ulster, Dutchess, Columbia, Washington, Clin- ton, Montgomery, Cumberland and Gloucester."

Westchester is thus described : "The County of Westchester to contain all that part of this State, bounded southerly by the Sound, easterly by the State of Connecticut, northerly by the North Bounds of the Manor of Cortlandt, and the same line continued cast to the bounds of Connecticut, and west to the middle of Hudson's River, and westerly by a line running from thence down the middle of Hudson's River until it comes opposite to the Bounds of the State of New Jersey, then west to the same, then southerly along the cast Bounds of the State of New Jersey to the Line of the County of New York, and then along the same casterly and southerly to the Sound, or East River, including Captain's Island, and all the islands in the Sound to the east of

Frog's Neck and to the northward of the main chan- nel."

By the latter act Westchester County was divided into the following towns named in the following order : Westchester, Morrisania, Yonkers, Greenburglı, Mount Pleasant, Eastchester, Pelham, New Rochelle, Scarsdale, Mamaroneck, White-Plains, Harrison, Rye, Northcastle, Bedford, Pound-Ridge, Salen, Northi Salem, Cortlandt, Yorktown, and Stephentown, twenty- one in all,-the bounds of each being clearly set forth.

This was the first division of the County into town- ships, an organization which has since continued without variation except divisions of a few of the towns, some alterations of the bounds of two or three others and the incorporation of a part of Yonkers as the City of Yonkers, the details of whichi need not be given here.

The Boundaries of the County remained wholly un- changed, until the annexation of the new towns of Morrisania and Kingsbridge, formed from the southern portions of the old towns of Westchester and Yonkers to the City of New York of which they now form the twenty-third and twenty-fourth Wards. The upper part of the old town of Yonkers has been incorpora- ted as the City of Yonkers. The County of West- chester therefore with these exceptions retains its original limits as fixed in 1683, and confirmed by the State County act of 1788.

The Township Act of 1788 is remarkable for its use of the Manors in enacting the bounds of the townships it created. No less than fourteen of those twenty-one townships are described and bounded in part by naming special lines of the old Manors, or the Manors theni- selves as a whole. Eleven towns out of the twenty-one, were formed wholly out of the Mauors. These were Morrisania, Yonkers, Greenburgh, Mount Pleasant, Pelham, Scarsdale, Mamaroneck, North Salem, Cortlandt, Yorktown, and Stephentown. Two, Salem (now Lewisborough) and Poundridge, were partly so formed, about half of the former and one- third of the latter, being portions of the Manor of Cortlandt.

13.

The Manor of Cortlandt, Its Origin, First Lord and his Family, Special Franchises, Division, Local History, and Topography.

The most northern part of the County of West- chester, a tract reaching from the Hudson River on the west to the first boundary line between the Prov- ince of New York and the Colony of Connecticut, on the east, twenty English miles in length by ten in width, in shape nearly a rectangular parallelogram, formed, " The Manor of Cortlandt." Acquired by dircet purchase from the Indians, in part, by Stephan- us van Cortlandt, a native born Dutch gentleman of New York, and in part by others whose titles he sub- sequently bought, this tract, together with a small

1 Resolution in I. Journals Prov. Congress, 518.

2 11. Jones & Varick, 317 and 319.

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HISTORY OF WESTCHESTER COUNTY.

tract on the west side of the Hudson River opposite the promontory of Anthony's Nose, which he also purchased from the Indians, was, by King William the Third through his Governor, Benjamin Fletcher, on the 17th of June 1697, erected into "the Lordship and Manor of Cortlandt." The original Manor-Grant covering two skins of vellum beautifully written, and bearing the Great Seal of the Province, its opening words highly ornamented, still exists in perfect pres- ervation. Above the writing is au elegantly en- graved border nearly two inches in width, of rich Italian arabesque design of fruits, flowers, figures and birds, in the centre of which appear the arms of England iu full. The initial letter "G" of " Guliel- mus," the King's naine in Latin, with which the in- strument commences, is very large, is richly orna- mented, and has within it a bust portrait of William wearing the large peruke, and full laced scarf, of that day. The great seal attached is that brought over by Governor Sloughter iu 1691, mnade pursuant to a war- rant of William and Mary beariug date the 31st of May 1690. It has upon its obverse the Arms of Eng- land as borne by the Stuarts with the addition of a shield of pretence in the centre, charged with the lion rampant of the house of Nassau ; and, on its re- versc, full length effigies of the King and Queen, the latter holding the orb and sceptre, and kneeling at their feet an Indian man and woman, the former of- fering a roll of wampum, and the latter a skin of a beaver. The legend around the obverse is in Latin, signifying "The seal of our province of New York in America," that around the reverse, also in Latin, is, " William III. and Mary II. By the Grace of God, of Great Britain, France, and Ireland, King and Queen, Defenders of the Faith."

It is attached to the fold of the vellum by a thick silken cord, is of wax, and lies in the covered metallic case originally made for it, and is three inches and one half in diameter. Upon the fold of vellum is the signature of Benjamin Fletcher, the Governor, and the countersignature of David Jamison, Deputy Secretary of the Province.

This description of the seal of William and Mary is given because it was that used in New York throughout their joint reign, the reign of William alone, and of Aune until the 6th of September 1705, on which day the new seal of that Queen was received, and this old one was defaced, and sent back to Eng- land to be broken, in accordance with the law. It authenticated every Manor-Grant and Patent in the Province from 1691 to 1705, and was appended to every Manor-Grant in the County of Westchester, ex- cept those of Fordham and Pelham, the former of which bore the seal of James as Duke of York, and the latter that of James as King, they being the two oldest Manors in the County. From the fact that this seal was so used, after the deaths of Mary and of William, upon patents and other instruments in New York issued in the early part of the reign of Anne,

attempts were once made to deny their validity in Court, but always in vain. A notable example of which, was that of the original charter of Trinity church in 1697. This seal was decided to be the lawful seal of the Province until superseded by the first seal of Queen Anne, as above stated in September 1705. The ancient and important instrument just described, now nearly two centuries old, at present the prop- erty of Mr. James Stevenson van Cortlandt of Croton, the ouly surviving son of the late Colonel Pierre van Cortlandt, is the foundation of the title to the whole Manor of Cortlandt as possessed by Stephanus van Cortlandt, and of all existing titles within its limits. It is therefore here given in full :---

MANOR-GRANT OF THE MANOR OF CORTLANDT.

Gulielmus Tertius, Dei Gratia, Angliæ Scotia, ffranciæ, Hiberniæ, Rex, fidei Defeusor, &c. To all Whom these Presents Shall Come Sendeth Greeting.

Whereas our Loveing Subject Coll. Stephanus Van Cortlandt One of the Members of our Councill of our Province of New York &c., Hath by his Pettition pre- sented unto our Trusty and well beloved Coll. Benja- min Fletcher our Capt. General and Governour in Cheif of our Said Province of New York &c. and ter- ritorys Depending thereon in America &c. prayed our Grant and Confirmation for a Certain tract and par- cell of Land Situate Lyeing aud being upon the East side of hudsons River Begining on the North Line of the Mannor of Philipsburge Now in the ten- our and Occupation of Fredrick Phillipse Esqr. one of the Members of our Said Councill And to the South side of a Certain Creek Called Kightawank Creek and from thence by a Due East Line Runing into the Woods Twenty English Miles And from the said North Line of the Mannor of Phillipsburge upon the South Side of Said Kightawank Creek runing along the said Hudsons river Northerly as the said River runs into the north side of a high Hill iu the high Lands Commonly Called and Knowen by the Name of Anthonys Nose to a Red Ceadar tree Which makes the south Bounds of the Land Now in ye Tenour And Oc- cupation of Mr. Adolph Phillipse Iucluding in the Said Northerly Line all the Meadows Marshes Coves Bays and necks of Land aud pennensulaes that are adjoining or Extending into Hudsons River within the Bounds of the Said Line and from said red ceadar tree another Due Easterly Line Runing into the Woods Twenty English Miles and from thence Along the Partition Line between our Colouy of Conec- ticut and this Our province untill you Come unto the place Where the first Eastterly Line of twenty Miles Doth Come the Whole being Bounded on the East by the said partition Line between our said Collony of Conecticut and this our province & on the south side by the Northierly Line of the Mannor of Phillips- burg to the southward of Kightawank Creek aforesaid and on the west by the said Hudsons river and on the North side from the aforesaid red Ceadar tree by the

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THE ORIGIN AND HISTORY OF THE MANORS.

south Line of the Land of Mr. Adolph Phillips; And also of a Ceartain parcel of Meadow Lying and being Situate upon the West side of the Said Hud- sons river Within the Said High Lands over Against the aforesaid Hill Called Anthonys Nose Begining on the south Side of a Creck Called by the Indians Sinkeepogh and so Along Said Creek to the head thereof and then Northerly Along the high hills as the River Runeth to Another Creek Called Apinna- pink and from thence along Said Creek to the said Hudsons River Which Certain tract of Land and Meadow our Said Loving Subject is Now possessed thereof and Doth hold the same of us by Virtue of Sundry grants heretofore Made unto him by Coll. Thomas Dongan Late Govr. of our Said provinee and Whereon our Said Loving Subject hath made Con- siderable Improvements haveing been at Great Cost Charge & Expenee in the Purchasing the said Tract of Land and Meadows from the Native Indians, as well As in the Sctling a Considerable Numbers of Famalies thereon, and being Willing To make Some further Improvements thereon doth by his Said Peti- tion further Request & Pray that we should be Gra- ciously pleased to Erect the Aforesaid tract of Land and meadows Within the Limitts and Bound Afore- said Into a Lordshipp or Mannor of Cortlandt, Which reasonable Request for the future Incouragement of our said Loving Subject wee being willing to Grant,

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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 27

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