History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 40

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 40

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Upon the death of Governor Montgomery, Mr. Rip Van Dam, the president of the Council, assumed the duties of the position nntil a successor should be ap- pointed, which was immediately done upon the re- ceipt of the news in England. Colonel William Cosby, formerly Governor of Minorca, was commis- sioned for New York, but remained in England nearly a year before embarking for his position, under tlie declared motive of preventing the passage of a bill, called the Sugar Bill, which was disastrous to the in - terests of the New York colony. Very early after his arrival a pecuniary disagreement sprang up between the Governor and Van Dam, growing out of this delay, which it was found necessary to offer to the courts for settlement.

The case was brought before Chief Justice Lewis Morris and his associates, De Lanecy and Philipse. The decisions of the Chief Justice in the prelimin-

1 New York Col. Mans., vol. iv. p. 93%.

2 New York C'ol. Mans,, vol. iv. p. 100 ;.

3 Smith's " History of New York, " part vi. chap. v. Carey Ed. p. 260. 4Smith's " History of New York," part vi. chap. v. Carey El. p. 262.

166

HISTORY OF WESTCHESTER COUNTY.

ary proceedings greatly exasperated the Governor. The suit was not further pressed, but the most bitter animosities were engendered between these two high functionaries, and two violent parties arose in the province. The Governor, having in the spring written home and presented a number of points against the general conduct of the Chief Justice and declared his intention to remove him, proceeded in the summer of 1733 to the step. To the vacant office the Governor ap- pointed the First Associate Judge, James De Lancey, who, with Judge Adolph Philipse, had not justified the course of Morris. The excitement in this matter extended to Westchester County. To allow of the election of Chief Justice Morris to the Assembly, William Willett, his friend and townsman, resigned his seat in that body. The person named to oppose the Judge was William Forster, Clerk of the County, who had held the office for many years and was greatly respected. The election took place on the 29th of October, and the following from the New York Weekly Journal, of the 24th of December, is a full de- tail of the event, under the coloring given to it by the successful party. It is described as an election of great expectation, and that the Court and County's interest was exerted to the utmost: 1

1 New York Weekly Journal, 1733.

"WEST CHESTER, OCT. 29TH, 1733.

" Oa this day Lewis Morris, Esq., late chief justice of this province, was, by a majority of voices, elected a representative from the county of Westchester. Nicholas Cooper, Esq., high sheriff of the said county, having, by papers affixed to the church of East Chester and other pub- lic places, given notice of the day and place of election without meu- tioning any time of the day when it was to be done, which made the olectors on the side of the late judge very suspicions that some frand was intended-to prevent which about fifty of them kept watch upon and about the green at East Chester (the place of election), from 12 o'clock the night before till the morning of that day, the other electors be- ginning to move on Sunday afternoon and evening, so as to be at New Ro- chelle by midnight-their way lay through Harrison's Purchase, the in- habitants of which provided for their entertainment as they passed each house in their way, having a table plentifully covered for that purpose. About midnight they all met at the house of Win. Le Count, at New Ro- chelle, whose lionse not being large enough to entertain so great a num- ber, a large fire was made in the street, by which they sat till daylight, at which time they began to move. They were joined on the hill at the east end of the town by about seventy horse of the clectors of the lower part of the county, and then proceeded towards the place of election in the following order, viz. : First rode two trumpeters and three violins ; next, four of the principal freeholders, one of which carried a banner, ou oue side of which was affixed, in gold capitals, 'King George,' and on the other, in golden capitals, 'Liberty and Law ;' next followed the candidate, Lewis Morris, Esq., late chief justice of this province ; then two colors; and at sunrising they entered upon the green of East Ches- ter, the place of election, followed by above three hundred borse of tbe principal freeholders of the county, (a greater number than had ever ap- peared for one man since the settlement of that county.) After having rode three times round the green, they went to the houses of Joseph Fowler and - Cbild, who were well prepared for their reception, the late chief justice was met, on his alighting, by several gentlemen who came there to give their votes for hial. About 11 o'clock ap- peared the candidate of the other side William Forster, Esq., school- master, appointed by the Society for Propagation of the Gospel, and lately made, by commission from his Excellency (the present Governor), Clerk of the Peace and Common Pleas in that county, which commission, it is said, he purchased for the valuable consideration of one hundred pistoles, given the Governor ; next him came two ensigns, borne by two of the freeholders ; then followed the Honorable James De Lancey, Esq., chief justice of the province of New York, and the Honorable Frederick

The conduct of the sheriff with reference to the Quaker vote was for some time afterward the subject of ardent denunciation on the one side and of deter- mined defense on the other. It was also made a matter of complaint against Cosby, who had ap- pointed Cooper. The Governor, replying to the home government, justified the action of the sheriff as

Philipse, Esq., second judge of the said province and baron of the ex- cliequer, attended by about a hundred and seventy horse of the free- holders and friends of the said Forster and the two judges. They en- tered the green on the east side, and, riding twice round it, their word was 'No Land Tax !' As they passed, the second judge very civilly sa- Inted the late chief justice by taking off his hat, which the late judge returned in the same mauner, some of the late judge's party crying out 'No Excise !' and one of them was heard to say(though not by the judge) 'No Preteuder !' upon which Forster, the candidate, replied, ' I will take notice of you.' They after that retired to the house of - Baker, which was prepared to receive and entertaiu thiem. About an hour after, the high sheriff came to towu, finely mounted, the housings and holster-caps being scarlet, richly laced with silver, belouging to - -. Upon his approach, the electors ou both sides went into the green, where they were to elect, and, after having read his majesty's writ, bid the electors proceed to the choice, which they did, and a great majority appeared for Mr. Morris, the late judge ; upon which a poll was demanded, but by whom is not known to the relator, though it was said by many to be done by the sheriff himself.

"Morris, the candidate, several times asked the sheriff upon whose side the majority appeared, but could get no other reply but that a poll must be had ; and, accordingly, after about two hours' delay in getting benches chairs and tables, they began to poll. Soon after, one of those called Quakers, a man of known worth and estate, came to give his vote for the late judge. Upon this Forster and the two Fowlers Moses and William, chosen by him to be inspectors, questioned his having au es- tate and required of the sheriff to tender him the book to swear in due form of law, which he refused to do, but offered to take his solemn affir- mation, which, both by the laws of England and the laws of this prov- ince, was indulged to the people called Quakers, and had always been practiced from the first election of representatives in this proviuce to this time, and never refused ; but the sheriff was deaf to all that could be alleged on that side : and, notwithstanding that he was told by the late chief justice and James Alexander, Esq., one of his Majesty's conn- sel and counseller-at-law, and by William Saith, Esq., counseller-at- law, that such a procedure was contrary to law and a violent atteuipt of the liberties of the people, he still persisted in refusing the said Quaker to vote, and in like manner did refuse seven-and-thirty Quakers more,- men of known and visible estates. This Cooper, now high sheriff of the said county, is said not only to be a stranger in that county, but not having a foot of land or visible estate in it, unless very lately grauted, and it is believed he has not where withall to purchase any. The polliug had not been long continued before Mr. Edward Stephens, a wian of very considerable estate in said county, did openly, in the hearing of all the freeholders there assembled, charge William Forster, Esq., the candi- date on the other side, with being a Jacobite and in the interest of the Pretender, and that he should say to Mr. William Willet (a person of good estate and known integrity, who was at that time preseut and ready to make oath to the truth of what was said), that true it was, he had taken oaths to liis Majesty King George and enjoyed a place iu the Government under him which gave him bread ; yet, notwithstanding, that should James come into England he should think himself obliged to go there and fight for him. This wasloudly and strongly urged to Forster's face, who denied it to be true and no more was said of it at that time. Abont eleven o'clock that uight the poll was closed, and it stood thus,- For the late chief justice. 231

Quakers 38

269

For William Forster, Esq

151

For difference 118

269

So that the late chief justice carried it by a great majority without the Quakers. Upon closing the polls the other candidate (Forster) and the sheriff wished the late chief justice much joy. Forster said he hoped

167

THE COLONIAL PERIOD.

strictly conforming to the letter of the law, and defended him and the defeated candidate, Mr. Fors- ter, from all aspersions. In this vindication of these gentlemen, the Council, with much spirit, joined. In course of time provision was made by special enact- ment,1 by which, where the usual form of oath could not conscientiously be taken, affirmation should be allowed. Thus future misunderstanding was pre- vented. The excitement that characterized this spe- cial election did not, it would seem, attend that of the next year, when Frederick Philipse and Judge Morris were re-elected. In 1738, the Judge resigning, Mr. Willett was again restored.

Perhaps no subjects more engaged the thoughts of the New York colonist in the decade before 1763 than the encroachments of the French upon the frontiers of several of the English colonics, his own included, and then the seven years' war which was the conse- quence. Every county and town cheerfully made up its contingent. The names on the muster-rolls, which have been so wonderfully preserved, indicate how largely Westchester County contributed to swell the armies sent forth in the several campaigns. As the fortunes of the several battles, sieges and marches varied, the firesides of these country homes were illumined or darkened. When, for example, the capitulation of Fort William Henry, in August, 1757, was reported (seven officers and fifty men of the gar- rison, all New Yorkers, thereby becoming prisoners of war), a deep thrill of indignation stirred every breast,2 but the feeling was more intense when the word came that "the French General Montcalın, under his own eyes and in the face of about three thousand of his regular troops, suffered his Indian allies to rob and strip officers as well as men of all they had, and left most of them naked."

On the other hand, when the French surrendered Niagara in 1759, Montreal in 1760 and Canada in

the late judge would not think the worse of him for setting up against him, to which the judge replied he believed he was put upon it against his inclinations, but that he was highly blamable, and who did or should know better, for putting the sheriff, who was a stranger and ig- norant in such matters, upon making so violent an attempt upon the liberty of the people, which would expose him to ruin if he were worth €10,000, if the people aggrieved should commenee suit against him. The people made a loud huzza, which the late chief judge blamed very much, as what he thought not right. Forster replied, he took no notice of what the common people did, since Mr. Morris did not put them upon the doing of it. The indentures being sealed, the whole body of electors waited on their new representative to his lodgings, with trumpets sounding and violins playing, and in a little time took their leave of him. Thus ended the West Chester election to the general satisfaction."

" NEW YORK, NOVEMBER 5TH .- On Wednesday, 31st October, the late chief justice, but now representative for the county of Westchester, landed in this city about five o'clock in the evening, at the ferry-stairs. On his landing he was saluted by a general fire of the guns from the merchant-vessels lying in the road, and was received by great numbers of the most considerable merchants and inhabitants of this city, and by them with lond acclamations of the people as he walked the streets con- ducted to the Black Horse tavern, where a handsome entertainment was prepared for him at the charge of the gentlemen who received him, and in the middle of one side of the room was fixed a tablet withi golden capitals, ' King George, Liberty and Law ! "

1 New York Col. MISS., vol. v, p. 983.

2 N. Y. Col. MISS., vol. vii, p. 274.

1763, that the joy was almost immoderate may well be imagined. The various muster-rolls of companies raised in Westchester County for this war, to which allusion has been made, offer a suggestion or two worthy of notice. The existence of a well-organ- ized militia force at this period is established by the designation of the captains of the companies to which the recruits belonged. Captains Theale, Griffin, Lockwood, Crain, Holmes, Dennis, Embury, Israel Underhill, Sccord, Vermilye and at least twenty others arc mentioned. Christian Marks, a German, twenty-seven years of age, five fect seven inches in stature, with dark eyes and hair, is described to be " of the Troop." Can it be that Benedict Arnold, born in Connecticut, eighteen years of age, a weaver, five feet seven inches, with light eyes and black hair, is he of infamy unequaled, and has this county then the stigma of having introduced him into a military career whose later chapters he made so foul and dark ?

Another remark comes from the number of for- eigners enlisted. So large is the proportion of such that it would appear that the Connty during this period was receiving large accessions to its popula- tion from other nations and other colonies. Ireland, "Old England " and Connecticut are frequently indi- cated as the place of nativity. We find also that more than half of these soldiers were under twenty-five years of age. A result of these military experiences was to prepare these men, by the knowledge gained, for that other and much more serious contest, which, though less thought of in that time of danger than before it, was imminent and inevitable.

The twelve years before the Revolution which suc- ceeded the Peace of Paris were, however, to develop to the proportions necessary for action the antago- mism of which the wilful assumptions of the mother- country was the occasion. Had nntrammeled legis- lation for the interest of the colonics been allowed, it is possible that the military successes just obtained might have been turned into a matter of national pride among the people on this side of the Atlantic, as well as the other. But with an indifference to their welfare ever apparent, an interference was car- ried on even further than a concern for her own man- ufacturing and other industries required. And the consequence, as was to be expected, was deep and universal discontent. And when this is said, it is but just to remember that in those years the most thoroughly loyal were exasperated with the course pursued by the home government, and deemed it neither wise nor fair. Some of these were pro- nounced enough; others there were who took per- haps too much account of the excitable elements which the war especially had thrown into society,'

I The truth is that the cessation of hostilities had set adrift a large number of reckless men, to whom were added, as influenced by their example and fortunes, many of the young men of each community. In his letter to the Lords of Trade, November 5, 1763, speaking of a mob in New York City, which it was thought might storm the fort, Lieutenant-Governor Colden says, " Probably it might be attended with

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HISTORY OF WESTCHESTER COUNTY.

and were balancing the after all iuconsiderable, how- ever unquestionable, ills they were suffering against those of outrage and violence which might follow. Indeed, as iu the city, so in the county of West- chester itself, there had been already displays of law- lessness. What must have been the consternation in the lower towns as, in May, 1765, five hundred men- country levelers they are called-at first reported to be two thousand strong, marched dowu to Kings- bridge, and sent into town the threat to Mr. Van Cort- land, that unless he would give them a grant forever of hi« lands, they would euter the city and pull down his house, and also one belonging to Mr. Lambert Moore.1

The arrest and condemnation of the ringleaders in these disturbances were satisfying and quieting, but it is not reasonable to suppose that they would allay the apprehension that like outrages would follow should there be a breach with the mother-country.

A glance at the action of thic four Westchester rep- resentatives at this time of excitement would seem to show at first entire accord with their fellow-members in the Assembly, in their regret at the Stamp and Tariff Acts, in their assertion of the right of the Colouial Assembly of each province exclusively to impose taxes upon its inhabitants, in the lawfulness of inter- communication between the Legislatures of the several colonies and of united petitions to the King "iu favor of the violated rights of America." 2

But the journal of the House in March, 1775, evi- dences the differences that had developed.

In the preparation of an address to the King, Mr. Clinton (afterward Governor George Clinton), the As- sembly having before it for approval the words, " We, in many instances, disapprove of the conduct of that province (Massachusetts)," moved to substitute in place of them the following strong assertion : " The ill-policicd scheme of colonial administration pursued by your Majesty's ministers since the close of the late war has been productive of great warmth in every part of your empire, nor can we avoid declaring that we view those acts with that jealousy which is the necessary result of a just sense of the blessings of frec- dom, and abhor the principles they contaiu as estab- lishing precedents subversive of the rights, privileges and property, and dangerous to the lives of your Majesty's American subjects." Mr. Van Cortlandt and Mr. Thomas voted aye on this amendment, and Mr. Philipsc and Mr. Wilkins voted nay.3 And yet although this was the last Colonial Assembly of New York, this session lasting but a few days after the adoption of this address to the King, yet how little its

much bloodsbed, because a great part of the mob consists ot men who have beeu privateers and disbanded soldiers, whose view is to plunder the town."

1 Journal of Captain John Montressor, N. Y. Ifist. Soc, Col., 1881, p. 363. 2 " this House dotb Concur with and adopt the resolutions of the House of Burgesses of the Dominiou of Virginia."-N. Y. Asseuibly Journal, May 16, 1769.

3 Of course iu uot suggesting before this, the able political pamphlets under the name of A. W. Farmer, written by Mr. Wilkins, the member of the General Assembly from the Borough of Westchester, we have no

members realized the dangers which were so near at hand! This is shown in the following action, within a month previous, bearing upon the interests of the east side of the county. A petition from Joseph Rod- man and one hundred and twenty-six others, free- holders and inhabitants of the Manor of Pelham, East and Westchester and New Rochelle, in the Couuty of Westchester, having been presented to the House and read, praying that Joshua Pell, Jr., may have leave to bring in a bill to enable him to erect a bridge across the old creek, so-called, that runs between the said Mauor of Pelham and Eastchester, ordered That the members of Kings and Queens Counties, together with the members for the borough of Westchester, or the major part of them, be a committee to view the premises and report their opinion to this House with- in fourteen days after the beginning of the next session thereof, and that the clerk of this House serve Philip Pell, Esq., and Stephen Ward with a copy of the said petitiou and of this order.4

CHIEF FAMILIES .- In any review of the history of this period, memory will easily recall the names of Pell, Philipse, Morris, De Lancey, Van Cortlandt as of families possessing large influence iu the county ot Westchester. To these may be added the Bartows, Wards, Drakes, Fowlers, Hunts, Purdys, Guions, Pinkneys and Thomases as families which, for intel- ligence, wealth, public spirit and valuable services in the foremost positions, have been held in the highest estimation. In them are found the leaders of thought and action in religion, in the State and in society. The judicial, executive and legislative functions of government were being exercised by members of these families during the colonial period. How largely the production of its prosperity is to be attributed to the thoughtfulness and energy of the original Patentees of Westchester County may readily be conceived when the faithfulness which they displayed and the high respect continually accorded to them is considered. If to their successful exertions for the common ma- terial advantage be added the example affordcd in the whole range of moral excellences, no portion of the province of New York was more favored.

The first member of the Pell family in the couuty was Thomas, to whom several patents from the Eng- lislı crown and sales by the Indians were made. Dying without issue, in his will he made his uephew, John Pell, his heir, who then resided in England, but re- moved to this country in 1670. He became a Judge of the county and was returned for the first session of the Colonial Assembly of the province of New York. He married " Rachel Pinckney" and died about the year 1700, leaving a number of children and grandchil-

intention to ignore his determined opposition to all efforts beyond those of remonstrauce ; and yet we read those papers amiss, and his speeches, and bis vote, with all his earnestness of diction, if we are not justified in saying that, beneath, is all the wounded spirit of one who feels the wrongs of bis brethren, whom a selfish and imprudeut parent has pro- voked to wrath.

4 Journal of Gen. Assembly of New York, February 24, 1775.

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THE COLONIAL PERIOD.

dren. The family intermarried in the eighteenth cen- tury with the Eustises, Honeywells, Bartows, Sands, Wards, Treadwells, Archers, Snedens, Lawreuces, Piukneys and other families of the County. At the commencement of the Revolutionary period the fol- lowing members of the Pell family were living in Pel- ham and towns adjacent : Thomas Pell, who married Margaret Bartow, and who lived at the homestead in Pelham, now known as the residence of Robert Bartow; John Pell, who lived on what is now the Schuyler Place ; Joshua, Jr., who married Abigail Areher, and who lived on what is now the property of Mr. George A. Prevost ; James, who married Martha Pugsley, and who lived on Prospect Hill, in the house which Gene- ral Howe took possession of, October 18, 1776, as his headquarters; Philip, in the war Judge-Advocate of the American army, who lived on the old Boston Post Road, above Pell's Bridge ; David I. his brother, who lived near the same bridge, but on the road sometimes called Pelham Lane, where Mr. James Hay afterward built the fine stone house now standing; Caleb, a bro- ther of James, who lived in Eastchester town, on the old Boston Post Road, where is now the Bathgate estate, and Joseph, who resided in Upper Eastchester, on the westerly side of the White Plains Road, nearly opposite the road running down to Burtis's Mill on the Hutchinson's River.

The first of the Philipse family in Westchester County emigrated from Holland to New York City in 1658, bringing with him his son of the same Christian name, Frederick, to whom at his decease deseended his estate, the largest part of which was in this county. This second Frederick was for many years one of the council of the Governor. He was a merchant in the city much respected. His grandson, Frederick, rep- resented Westchester for a quarter of a century in the Assembly, as did also a Fifth Frederiek, whose es- tates were confiscated after the Revolution. This family was eonneeted by marriage with the Van Cort- landt and Morris families. The estates of Philipse were in the towns of Yonkers and what is now known as Mount Pleasant.

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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 40

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