USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 17
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287
HUNTINGTON TOWN RECORDS.
Your memorialist further shew, that The prosecution and defence of the said suits have involved your memori- alists in great difficulties and heavy expenses.
That from the investigation into the Title of the said Islands to which the said suits and especially the said suit in Chancery has given rise some doubts have arisen whether the documentary title of your memorialists to the said Islands under the said Patents is free from exception notwithstanding their right to the same hath never been controverted except as before stated.
That it is not pretended that the said Islands are in- cluded in any grant hostile to the title and possession of your memorialists other than that to the aforesaid William Nicoll which it has been determined as aforesaid did not include them.
On which account The Title to the said Islands if not vested in your memorialists under some or one of the aforesaid Patents remains in the people of the state.
Your memorialists with all due respect to the Judicial Tribunals would humbly observe That the question rela- tive to the validity of Their title to the Islands was only incidentally before the Court in the suits between Them and the guardians of Nicoll and that The suggestions un- favorable to their claim to the Islands were in a great measure extrajudical. That several material documents were not carried forward and particularly That the Indian deed of 1705 was not before the Court in any of The said trials and altho' a claim resting on no other foundation would be of no avail at present yet many titles on Long Island originating at that period have no other or better foundation.
That the doubts then suggested have subjected your memorialists to all the mischiefs that arise from uncer- tainty of title and to the interruption and endless litigation which it is calculated to produce.
288
HUNTINGTON TOWN RECORDS.
That The prudential regulations which your memori- alists have been in the practice of making for a long series of years for the preservation of the grass in order to render it as extensively beneficial as possible are disre- garded. The grass is now cut before it has got its growth, by which reason it is diminished in quantity & injured in quality and many poor people who heretofore obtained a supply sufficient for the support of a small stock during the winter are deprived of the means of doing it.
That the people of Islip who till the decision of the Court against the title of Nicoll had uniformly acknowledged his pretended Title and acted under it-In order to per- petuate the evils resulting from the present state of the Islands have for two years past endeavoured to defeat your memorialists in their application to the Legislature for a confirmation of their title to the Islands.
Your memorialists Therefore in order that all doubts as to their title to the said Islands may be removed and the same confirmed and in consideration of their very old and undisputed claim of title to the said premises except as before stated and their long and uninterrupted possession and acts of ownership over the same except as in like manner stated and the vexation Trouble and large expence which they have been subject to in the prosecution of the said suits. Do pray the honorable the Legislature That they may be quieted and confirmed in the possession and enjoyment of the said Islands.
And to that end That all the right title interest and estate of the people of This state may by a proper law to be passed for that purpose be granted to and vested in your memorialists for the benefit of the freeholders and Inhabitants of said Town of Huntington in like manner as the other lands granted and confirmed unto the said Town in and by the Patents herein before mentioned or any of
289
HUNTINGTON TOWN RECORDS.
them and your Memorialists will ever pray.
Dated December 13th A. D. 1817.
TIMOTHY CONKLING, P. D. DIVINE HEWLETT
WILLIAM WICKES
SOLOMON KETCHAM
Trustees.
SAMUEL CARLL
SAMUEL SCIDMORE j
[REPORT OF A COMMITTEE OF THE LEGISLATURE.]
[1818.]
Mr Coldin from the select committee to whom was re- ferred the memorial of the Trustees of the freeholders & commonality of the Town of Huntington in the County of Suffolk and the petition of the freeholders and Inhabitants of the Town of Islip in the said County Respectfully re ports that the property referred to in the memorial and petition is three certain Islands called respectively Cap tree, Grass and Oak Islands situated in the great bay which extends along the South side of Long Island.
That the memorialists and petitioners each pray a grant of these Islands from the state the former on the ground of having both a documentary and posessory title and the other as having an equitable claim to the grant which they aske on account of the situation of the said Islands the same being in the waters of the said bay which is con- tiguous to the south bounds of the said Town of Islip.
That the memoralists & petitioners made similar appli- cations to the Legislature last year which were referred by this honorable House to a special Committee which re- ported thereon the Isth of February last and to which re-
290
HUNTINGTON TOWN RECORDS.
port for the further information of the House your Com- mittee pray leave to refer.
That the allegation of the memorialists as to their pos- session of the said Islands being denied by the Petitioner your committee did not find themselves competent to ex- amine the question so as to be warranted in forming any opinion in respect to it.
That the documents produced by the memoralists have not satisfied your Committee that the memoralists have a perfect legal title to the said Islands but if they have either a documentary or possessary title they cannot want a grant from the state.
The Petitioners do not pretend to any legal title but think that the situation of the premises gives them an equitable claim to the grant for which they pray. They being willing to accept the same with the reservation of the rights of the memoralists to them and of the rights of all other persons.
Your Committee thinks that there might be some foun- dation for their claim were it not that the memorialists assume to have a title which they have more than once attempted to maintain in our Courts. Your Committee think that the state should not make a grant which would give to any a power which without it they would not have to litigate the title of the memorialists.
(File No. 311 )
[1818.]
1
February 28, 1818.
Roderic Townsend East Chester Peter Prince a black man I pronounce you free from me till such time as you become chargable and then you may come to me again
291
HUNTINGTON TOWN RECORDS.
and there have maintainment so long as you shall live.
RODERIC TOWNSEND.
Witness
ISAAC TOWNSEND. (File No. 313.)
NOTE .- An act of the Legislature of this State, passed in 1799, providing for the gradual emancipation of slaves, au- thorized the owners of negro slaves to set them free on condi- tion of such slaves being under fifty years of age (afterwards reduced to forty-five) and being capable of supporting them- selves. Overseers of the Poor were given power to examine into each case, on the application of the slave owner, and certify in writing their approval, which certificate was to be filed in the Town Clerk's office. There is a small bound volume in the Town Clerk's office entitled, "Manumission of Slaves," which contains these certificates giving freedom to certain negroes, where the master had applied to the Over- seers for the purpose of freeing them. As these certificates are verbose in form it has been thought best to give a digest of this book in a note, rather than print its contents in full. Slaves were set free by their owners in Huntington between 1799 and 1825 as follows :
1805 Jonah Wood
negro slave named Nancy
1805 Jonah Wood
Samuel
1805 Gilbert Platt
Cesar
1806 John Gardiner
Cato & Elias
1808 Daniel W. Kissam
66
Michael
1808 Exrs. of Timothy Carll
66
Peg
1809 John Carll
66
William
1809 Isaiah Jarvis
66
Freelove
1805 Alexander Mathews
Dinah
18II Joshua Hartt
Harry
1811 John Carll
66
Richard
1811 Epenetus Sammis
66
66
Elijah
1812 Abram VanWyck
Stephen
1811 Jesse Rogers
David
1812 Alexander Lewis
Jacob
1812 John Gardiner
Dorcus
1813 Abram VanWyck
Nan
1
1813 Martha Williams
Belinda
1
1814 Sally Fleet
Catherine
292
HUNTINGTON TOWN RECORDS. [TOWN MEETING.]
[Abstract.]
[1818, April 7.] Election of Town officers held on the Seventh day of April, to serve one year.
1814 Samuel Carll
Alexander Lewis Deborah Carll & Hannah N. Carll
66 66
Margaret
1815 Scudder Carll
1816 Jonathan Gardiner
66
66
London
1816 Exrs. of Micah Vail
66
66
Charles Havens
1816 Moses Scudder
66
66
Rachel
1817 Asay Youngs
66
66
Harry
1817 John H. Gardiner
66
66
Lenoir
1817 Melancthon B. Wood
66
66
Jupeter
1818 Nathaniel Buffett
Kethurah
1818 Dorathy Conkling Titus Conkling
66
66
Charles & Experience
1820 Deborah Valentine
66
66
Susan
18Ir Samuel Carll
Margaret
1820 Jonathan Gardiner
66
66
Prince
1821 Phineas Carll
66
Synthe
1822 Moses Rolph
66
Isaac
1822 John H. Gardiner
66
Plato
1822 Jonathan Gardiner Moses Rolph &
James
1823 David Robbins Exrs. of Thos. Roe
66
Harry
1823 Epenetus Sammis
66
Hannah
1824 John Wood
66
Susan
1800 Elizabeth Bryan
Charles
1806 James Oakley
Pompey
Under the act of 1799, it was provided that all children born of any woman being a slave after the 4th day of July of that year, should be deemed to be born free, and it required every master or mistress to certify the age and sex of every child and file such certificate in the Town Clerk's office. The book above referred to contains a large number of such certificates filed within the dates above mentioned.
66
Abigail
1820 Rebecca Conkling & Henry Conkling
negro slave named
Peleg
293
HUNTINGTON TOWN RECORDS.
Town Clerk, Moses Rolph. Supervisor, Samuel Carll.
The following are the names of slave owners who filed cer- tificates of the birth of negro children born of women in slavery, after the act of 1799 had made such children free, and the names of such slave women and of the children.
SLAVE MOTHER
CHILD
1800 Scudder Lewis
Sarah
Elisha
1801 Zophar Brush
Phebe
Harry
1801 Jonah Wood
James
1801 Malancthon B. Wood
Benjamin
1801 Scudder Lewis
Betsy
James
1802 Naomi Youngs
Tamer
Maryam
1801 Phebe Whitman
Freelove
Sarah
1802 John Gardiner
Darkis
James
1801 Ph$ Smith
Rosanna
Jude
1800 Richard Conklin
Margaret
1803 Scudder Lewis
Nance
Harry
1802 Scudder Lewis
Nance
James
1802 Scudder Lewis
Nance
Charles
1802 Jacob Townsend
Rachel
Ammelia
1803 David Fleet
Jane
James
1803 Abram VanWyck, Jun.
Nann
Rachel
1803 Epenetus Sammis
1804 John Velsor
Sarah
1804 Abraham Van Wyck
Hager
James
1804 Phebe Whitman
Harry
1805 David Fleet
Jane
Mahala
1806 Thomas Brush
Persilla
Oliver
1806 Abraham VanWyck
Hager
Vilett
1806 Selah Wood
Peg
Lorrey
1806 William Willis
Abigail
Peter
1805 Lemuel Carll
Margaret
Lydia
1807 Lemuel Carll
Margaret
Jude
1808 Lemuel Carll
Margaret
Tamer
1810 Lemuel Carll
Margaret
Charity Adam
1807 Abraham VanWyck Hager
1810 Abraham Van Wyck
Nancy
Rebecca
1818 Samuel Strong
Charity
Dick
1820 Samuel Strong
Charity
David
The institution of slavery soon died out under the effect of emancipation laws passed by the State, so that very little was left of it here after the first quarter of the present century .- C. R. S.]
Rachel
§ Clarissa &
294
HUNTINGTON TOWN RECORDS.
President of Trustees, Timothy Conkling. Trustees, Sol- omon Ketcham, Divine Hewlett, Phineas Carll, Samuel Carll, Samuel Scidmore, Gilbert Platt. Assessors, Tim- othy Carll, William Wickes, Abel Ketcham, Platt Conklin, Jeremiah H. Kelsey. Collector, Elkanah Platt. Over- seers of the Poor, Solomon Ketcham, Samuel Fleet. Com- missioners of Highways, Abel Ketcham, Selah Carll, Thomas Ketcham. Constables, Elkanah Platt, David Conklin, Edward Dodd, John Ireland. Commissioners of Common Schools, Abel Ketcham, Platt Conklin, Thomas Ketcham. Inspectors of Common Schools, Jonas L. Smith, Jonathan Smith, Samuel W. Blachley, Gilbert H. Smith, Conklin Ketcham, Ezra Smith. Town Sealer, Abel Ketcham. Overseers of Highways, Ezra Carll and forty nine others.
Fence Viewers, Ezra Smith and twenty eight others. Pound Master, Thomas Woodward.
"Voted that the Trustees have full power to Conduct the business relative to the Islands Known by the name of Cap Tree, Oak, and Grass Islands as they shall think most for the advantage of the Sª Town."
"Also Voted that no person who is not an inhabitant of Sª Town of the adjoining Towns be permitted to Catch any clams fowls or fish in the Jurisdiction of Sa Town under the penalty of Ten Dollars for every offence one Moiety to the Complainant the other for the use of Sd Town."
Swine Act re-enacted.
Act prohibiting horses and cattle running at large, on Town Beach, re-enacted.
"Voted that no person gain any title or Claim to sea- weed by heaping it on the Shores the north side of the Town of Huntington and that it shall be Lawfull for any person to take and Carry away all Seaweed Lying on Sd Shores heaped or as the tide Left it."
Fourteen hundred dollars voted to meet expenses of
295
HUNTINGTON TOWN RECORDS.
maintaining the Poor and other Charges of the Town. Recorded by Moses Rolph, Town Clerk.
(Town Meetings, Vol. II. pp 353-9.)
[DEED BY A COMMITTEE OF ISLIP TO THE TRUSTEES OF HUNTINGTON, OF THE ISLANDS IN THE SOUTH BAY, ETC.]
[1818, July 13.]
This Indenture made the Thirteenth day of July in the Year of our Lord one thousand eight hundred and eighteen Between Nathaniel Conklin, Jonathan Thompson, Jesse Smith and Joshua Willets a committee of the town of Islip chosen on behalf of the said town of the first part, and Timothy Conklin, Thomas Carll, Divine Hewlett, Gilbert Platt, Solomon Ketcham and Samuel Carll Trustees, of the freeholders and the commonalty of the Town of Huntington of the second part Witnesseth That the said Parties of the first part for and in consideration of the sum of one Thousand dollars to them in hand paid by the Parties of the second part, the receipt whereof is hereby acknowledged Have granted bargained, sold, released and quit claimed, and by these presents Do give, grant bargain, sell release and quit-claim unto the said Parties of the second part (in their 'actual possession now being) and to their successors forever all that certain Island parts of Islands & Beaches situate lying and being in the said Town of Islip between the line runing thro' the middle of Brood Creek on the Island Called Cap Tree Islands to the first forks in said Creek and from thence by a line runing due south from the middle or center of said creek to the Atlantic Ocean, and the line of the confirma-
1
296
HUNTINGTON TOWN RECORDS.
tion Patent of the said Town, together with the lands north of the line established as the division between Anning Mobray and the said Town of Huntington, ex- tended west the confirmation line of the said Town of Huntington and the said Parties mutually convenanting on behalf of the said Towns not to suffer any horses cattle sheep or hogs to be put upon the tract within the said limits, Together with all and singular the Edifices, Buildings, Rights, Member, Hereditaments and Appurtenances to the same belonging, or in any wise appertaining ; and all the Estate, Right, Title, Interest, Property, Possession, Claim and Demand whatsoever of the said Parties of the first part, either in Law or Equity, of, in, or to the same, and the reversion and reversions, remainder and remainders thereof To Have and to Hold unto the said Party of the second part their Successors and assigns, to the only proper use and behoof of the said Parties of the second part their Successors and Assigns forever.
In Witness whereof we have hereunto set our hand and Seals on the day and year first above written.
PLATT CONKLIN [Seal.]
JONATHAN THOMPSON [Seal.] JESSE SMITH [Seal.] JOSHUA WILLETS [Seal.]
Sealed and Delivered
in the Presence of
SILAS WOOD
TREDWELL SCUDDER
Suffolk County S. S. on the 21st day of February 1842 Silas Wood came before me and being by me duly sworn deposes and says that he resides in the Town of Hunting- ton in the County of Suffolk-that he saw Nathaniel Conk- lin Jonathan Thompson Jesse Smith and Joshua Willets execute the within Conveyance that he knew the said Nathaniel Conklin Jonathon Thompson Jesse Smith &
297
HUNTINGTON TOWN RECORDS.
Joshua Willets to be the persons described in and who executed the said conveyance, And the said Silas Wood one of the Subscribing Witnesses said he subscribed his name thereto as a Witness and I am personally acquainted with Silas Wood the Subscribing Witness .*
ABEL K. CONKLIN, Justice of the Peace.
(File No. 349.)
[SPECIAL TOWN MEETING.]
[Special Meeting.] [1819, Jan. 8.]
"At a Special Town Meeting held at the house of Gil- bert Carll in the Town of Huntington on the 8th day of January 1819 by order of the Trustees of S' Town for the purpose of taking into consideration the propriety of petitioning the Legislature of this State to annex the Sª Town of Huntington to the County of Queens.
Voted and Resolved by the above Sª Meeting that no petition be sent to the Legislature for the aforesaid purpose.
.
Recorded by Moses Rolph Town Clerk."
(Town Meetings, Vol. II, p. 360.)
[* By this deed Huntington did not get all that it claimed, but it was intended as a final settlement of a great contest in the Courts and the Legislature, that had lasted for about ten years. The deed also confirmed the title of the Trustees to several thousand acres of upland in Islip, east of the Con- firmation line of Huntington, which land was afterwards sold by the Trustees .- C. R. S.]
298
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
-
[Abstract.]
[1819, April 6.]
Election of Town Officers held on the 6th day of April 1819, to serve for one year.
Town Clerk, Moses Rolph. Supervisor, Elias Baylis. President of Trustees, Timothy Conkling. Trustees, Solomon Ketcham, Divine Hewlett, Phineas Carll, Moses Scudder, Jesse Scudder, Gilbert Platt. Assessors, William Wickes, Abel Ketcham, Platt Conkling, Benjamin Rush- more, Azel Lewis. Collector, Elkanah Platt. Overseers of Poor, Solomon Ketcham, Samuel Fleet. Constables Elkanah Platt, David Conkling, Edward Dodd, Jarvis Rogers. Commissioners of Highways, Abel Ketcham, James Nostran, John Wood. Commissioners of Common Schools, John Rogers, Benjamin Rushmore, Platt Conk- ling. Town Sealer, Abel Ketcham. Inspectors of Com- mon Schools, Jonas S. Smith and five others. Overseers of Highways, Josiah Smith and forty eight others. Fence Viewers, Ezra Smith and twenty nine others. Pound Master, Thomas Woodward.
"Voted that no person who is not an Inhabitant of the County of Suffolk be permitted to Catch any Clams fish or horsfeet in the Limits and bounds of the Town of Hun- tington under the penalty of Twelve Dollars and fifty cents for every offence to be Recovered with costs to the Complainants, one Moiety to the Complainant the other for the use of Sa Town."
Swine Act reenacted.
Law prohibiting the pasturing of stock on the Town Beach reenacted.
"Also Voted that no person gain any title or Claim to seaweed by heaping it on the Shores the North side of the Sd Town of Huntington and that it shall be as Law-
299
HUNTINGTON TOWN RECORDS.
full for any person being an Inhabitant of Sª Town to take and carry away all Seawead Lying on Sª Shores either heaped or as the tide Left it."
Fourteen hundred dollars voted to meet expense of maintaining the Poor of the Town and other charges.
Recorded by Moses Rolph Town Clerk of the Sd Town of Huntington.
(Town Meetings, Vol. II, pp. 361-68.)
[SALE OF LAND BY TRUSTEES.]
[1819, Nov. 18.]
Articles of Vendue held this 18th Day of November 1819 By the Trustees of the Town of Huntington for to sell undivided Land in sd. Town Lying near the House of Caleb Ketcham.
Ist the Land to be set up by the acre in separate tracts and fairly struck off to the highest bidder no Less than one shilling will be reckoned as a bid per acre. the Deeds for the Land sold will be Delivered on the first Day of December next provided approved Notes be given for the same payable on the first Day of April next ensuing. the Trustees Reserves one bid on each Lot set up the pur- chassor or purchassors to sign the articles of sale and pay one Dollar in advance for each Lot sold.
TIMOTHY CONKLING, P. D.
Lot No. I Joining Ezekiel Ketchams sold to Gilbert Sammis for $10.25 per acre.
Lot No. 2 to Phineas Ketcham at $11.373 per acre.
Lot No. 3 to Gilbert Sammis at $10.123 per acre.
Lot No. 4 Small piece to David Ketcham for $3.123. (File No. 293 )
300
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[Abstract.[
[1820, April 4.]
Election of Town Officers held on the 4th of April 1820, to serve for one year.
Town Clerk, Moses Rolph. Supervisor, Abel Ketcham. President of Trustees, Timothy Conkling. Trustees, Phineas Carll, Divine Hewlett, Moses Scudder, Samuel Fleet, Henry Scudder Jun', Simon W. Cooper. Assessors, Abel Ketcham, Azel Lewis. Overseers of the Poor, Sol- omon Ketcham, Samuel Fleet. Collector, Philip Ketcham. Constables, Elkanah Platt, David Conkling, Jarvis Rogers, John Rogers. Commissioners of Highways, Abel Ketch- am, James Nostran, John Oakley Jun'. Commissioners of Common Schools, Abel Ketcham, John Wood, Jacob Smith. Town Sealer, Abel Ketcham. Inspectors of Com- mon Schools, Samuel W. Blachly and five others. Over-
[NOTE .- It may be of interest to know what surveys and mapss are in the Town Clerk's office. Reference has already been made to several maps which accompany conveyances of land, usually drawn on one of the pages of the deed, but necessarily omitted in print, although placed in the file of printed matter. Outside of these are many maps generally indorsed "Cards of Land," which were filed in the office at various dates, covering a period of over one hundred years. Of these the following relate to lands now or once held or claimed by the Trustees of the Town as common lands, or to the boun- dary lines of the Town :
1717-Map of meadows at head of Huntington Harbor.
1768-Maps of Baiting Place Purchase (in part).
No date-Map of land sold by Trustees in Eastern Purchase. No date-Map of Squaw Pit Purchase (in part).
1781-Map of Oakey Neck or Seketogue Neck.
1791-Map of Grass Island, South Bay.
1812-Map of land bought by the Trustees from Elias Smith and Jacob Harned.
1814-Map of land bought by the Trustees from Anning Moubray.
301
HUNTINGTON TOWN RECORDS.
seers of Highways, Augustus Jarvis and forty eight others. Fence Viewers, Ezra Smith and twenty nine others.
"Voted that no person who is not a Resident of the County of Suffolk be permitted to Catch any Clams fish or horsfeet in the Limits or bounds of the Town of Hunting- ton except for their own consumption under the penalty of twelve Dollars and fifty cents for every offence to be Recovered with costs to the complainant one Moiety to the complainant the other for the use of the Town."
Swine Act re-enacted.
Law prohibiting the pasturing of Stock upon the Town Beach re-enacted.
"Also Voted that no person gain any title or Claim to Seaweed by heaping It on the Shores the North side of the Town of Huntington and that it shall be Lawfull for any person being an inhabitant of Sª Town to take and Carry away all Seaweed Lying on Sd Shores either heaped or as the tide Left it.
About 1820-Map of the Town of IIuntington.
No date-Map of the South part of the Town of Huntington. No date-Map of tier of lots at Dix Hills.
1833-Map of Pine Plains belonging to the Town (in part). 1836-Map of land sold at Comac Point.
1859-Map showing dividing line between the Towns of Hun- ton and Oyster Bay from the head of Cold Spring Harbor to the Southside Turnpike.
1868-Map Poor House Farm at Long Swamp.
1871-2-Maps showing line of L. I. Railroad, Southside Railroad, and line of Port Jefferson Branch Railroad through the town, and location of school and highway 'districts thereon, as a basis for assessment of taxes.
1872-Map showing division line between the towns of Hun- tington and Oyster Bay from the head of Cold Spring Harbor, northerly, to the terminus of the line.
1872-Map showing the boundary line between the towns of Huntington and Babylon.
1883-Maps of Northport Harbor and Bay, Huntington Har- bor, Lloyd's Harbor and Cold Spring Harbor, showing location of oyster lots, and numerous maps of individual lots.
.
302
HUNTINGTON TOWN RECORDS.
Also Voted that the Trustees hire out the Islands and beach belonging to the Town of Huntington on the Last tuesday of June Next and take approved Notes for the Same."
Twelve hundred dollars to meet expenses of maintain- ance of the Poor of the Town and other Charges.
(Town Meetings, Vol. II, pp. 369-76.)
[TRUSTEES' PROCEEDINGS.]
[1820, April 25.]
At a Meeting of the Trustees of the freeholders and Commonality of the Town of Huntington on the 25 day of April 1820.
Resolved that any person or persons wishing to turn
1883-Maps showing location of stone monuments on the shores of Northport and Huntington Bay.
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