USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 19
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The authority of the Governor, as Governor, of the Governor and Council in the Executive capacity of the latter, and of the Governor, Council in its legis- lative capacity, and the General Assembly, the three together forming the Legislature of the Province, ex- tended throughout the manors of New York in all respects save one. Neither of these authorities could in any way whatever alter, change, abridge, or in any way interfere with the franchises, rights, powers, priv- ileges, and incidents, vested in any Lord of a Manor by his Manor-Grant. The Lords might not choose, or desire, to exercise any one or more of the fran- chises, rights, powers, privileges, and incidents of their Manors. This was a matter in their own discretion. but none of them could become void by non-user, nor could the Province authorities of any grade modify them in any way. If the Lords preferred, or had no objection, to have any local duties, legal acts, or offices, exercised by justices of the peace, assessors, consta- bles, and other minor officers, either chosen by their tenants alone, or by their tenants in connection with the inhabitants, freeholders of any adjoining non- Manorial lands, this could be done by an act of the Provincial Legislature. But no act of such a nature could be passed against their wishes. Hence there are to be found many acts of the kind alluded to in the Colony laws.
The jurisdiction of the "Supreme Court," of the "Inferior Court of Common Pleas" and of the Court of Sessions, extended to all lands whether Manorial or non Manorial.
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THE ORIGIN AND HISTORY OF THE MANORS.
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So too, in the matter of elections, the inhabitants of all the Manors, (except that of Cortlandt which had a representative of its own as a franchise of its Manor- Grant) united with the people of the non- Manorial lands in the choice of Members of Assembly for the County.
The power of the High Sheriff of the County, who was always a gentleman, was appointed by the Gov- ernor, and served without pay, as in England, was as complete and thorough in the Manors as out of them. The fees of the office, which were vastly lighter in proportion, than those of elected Sheriff's now, went after being reported to, and scrutinized by the High Sheriff, to the Undersheriff and the one or two deputies, who were all that the business of the Coun- ty required in the Colonial era. If any overcharge or oppression, was attempted, a complaint properly proven, to the High Sheriff himself, was all that was necessary to right the wrong.
Again, in military matters, the military organiza- tion of the County was effected in the County as a whole without regard to the Manors. Sometimes, however, their names were given to the companies enrolled within their limits.
A Colonel for the County commissioned by the Governor, commanded the one regiment, which was formed of the enrolled companies within its limits, all of which were infantry. Toward the close of the Colonial period, when the population had increased, a Light Horse organization of one or two troops for the County in general was formed, the Commander of which was a Lieutenant-Colonel, or Colonel. The inhabitants of the Manors were enrolled in both pre- cisely as were those of the rest of the County.
The third act passed by the first Assembly under William and Mary in 1691, provided for the annual election in each town of "a certain Freeholder " "to supervize and examine the Publick and Necessary Charge of each respective County, which persons so duely chosen shall elect and constitute a certain Treasurer for each respective County." It also pro- vided for the election of two Freeholders in each town as Assessors. This was the origin in New York of County Assessors, Supervisors, and Treasurers.1 Only Freeholders could be electors, and the second Act of 1691, defines a Freeholder to be, "every one who shall have Forty shillings per annum (N. Y. Currency) in Freehold."' And the same act apportioned to Westchester County two Members of Assembly. In the second year of Queen Anne, eleven years later, this third act of 1691 was re-enacted in an enlarged and amended form. Its provisions are worth quoting in full as showing the early internal economy civil and political of the County and how all interests manorial and non-manorial moved in harmony and unison. Its words are "That there be elected and chosen once every year, in each respective Town within this Prov-
1 III. Bradford 6.
* Ibid. 3.
ince, by the Freeholders and Inhabitants thereof, one of their Freeholders and Inhabitants, to compute, as- certain, examine, oversee, and allow the Contingent public and necessary charge of each County, and that each and every Freeholder in any Manor, Liberty, Jurisdiction, Precinct, and out-Plantation, shall have liberty to joyn his or their Vote with the next adjacent town in the County where such Inhabitant shall dwell, for a choice of Supervisor (except the Manor of Rensselaerswyck who shall have liberty to chuse a Supervisor for the same Mannor). And also, that there shall be in each Town, Mannor, and Pre- cinct, by the Freeholders and Inhabitants hereof, in every respective County annually two Assessors, and one Collector, which Supervizors, Assessors, and Col- lectors, shall be annually chose in every Town on the first Tuesday in April, or such days as is appointed by their Charters or Patents, which Supervizors so chosen shall annually meet at the County Town in each respective County, on the first Tuesday in October, and at such other time and times as the said Super- vizors shall judge and find necessary and Convenient," to perform the duties of their office.'
In 1722 the number of Supervizors was increased in the County of Westchester by a special Act, passed on the 6th of November in that year, as the former Act which applied to the whole Province, worked unequally in some respects in Westchester. It pro- vided "for such Mannor or Mannors as (in their Rates and Taxes) have usually been or hereafter may be divided into two or more Divisions. That a Super- vizor may in like manner be chosen for each of such Divisions by the Freeholders and Inhabitants there- of. And where the said Inhabitants shall omit to make such annual choice in any of the said Divisions, or in such Mannor or Mannors, where not above twenty Inhabitants do dwell or reside, the Owner or Owners of such Mannor or Mannors, or of such Division thereof as aforesaid, or their Stewards or Deputies, shall be deemed and esteemed the Supervizors thereof respectively, and have the same Powers, to all intents, constructions, and purposes, whatsoever as those chosen by virtue of the Act above mentioned."
The act of 1703 called for the annual meeting of the Supervisors at the "County-town," which then was the Town of Westchester. In 1745 the popula- tion had so much increased as to make a change to another part of the County desirable, therefore an act was passed on the 27th of November in that year changing the place of meeting as " much for the ease of the people," which provided that "the an- nual meeting shall be at the School House in the Town of Rye," and that the majority shall have power to adjourn to such time and place as they see proper.5
The next change did not occur till 1773, twenty-
* III. Bradford, 53. 4 III. Bradford 212.
6 I Van Schaak's Lawa, ch. 804.
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HISTORY OF WESTCHESTER COUNTY.
eight years later. Then another act was passed chang- ing the annual meeting of the Supervizors " to the Court-House at Whiteplains on account of the in- crease of inhabitants of the northerly part of said County," with a like liberty to adjourn to such time and place as they should please.1 This building was the first Court-House in Whiteplains which was burned by the Americans a day or two after the battle of Whiteplains in 1776. It stood on the same site as its successor, the old wooden Court-House on Main St., which was pulled down after the erection of the present handsome stone edifice on Rail-Road Avenue.
Another fact of interest which shows the upward march of population of the people, both of the manors and the towns is the change in the place holding the County elections which it produced. The Colonial elections, it must be remembered, were not by ballot as ours are now, but like those in Eng- land, viva voce. The term "hustings" was, and is used in England to describe the place of election, but though the thing was the same in New York, the word does not seem to have been in use here. At least no instance of its employment has been met with by the writer,
The first law on the subject passed in 1699 directed that the Sheriff " shall hold his Court for the same Election at the most publick and usual Place of Elec- tion within City or County where the same has most usually been made."? This was usually at West- chester before it was chartered as a "Boroughtown " and after that at Eastchester.
But in 1751, on the 25th of November the place was changed by a special act of the Legislature, 3 which is of such curious interest for its reasons and choice of a new place, and its stern enforcement of that choice that it is here given in full. .
"Whereas the County of Westchester is very exten- sive, and the extreme parts thereof to the Northward, have of late years become very populous; and where- as the Elections for Representatives to serve in the General Assembly for the said County, have, from the first settlement of the said County, been held at the Southern Part of said County; it now becomes ex- tremely inconvenient for the Freeholders of the Upper or Northern Parts thereof, which are now be- come, by far, the most numerous, to attend those Elections at so great a distance from their respect- ive Habitations : For Remedy whereof for the Fu- ture ;
I. Be it Enacted by his Excellency the Governor, the Council, and the General Assembly and by Authority of the Same, That in All Elections hereafter to be Made in the said County of W. stchester, for electing Repre-
1 I Van Schaak's Laws, ch. 690.
2 II. Bradford 33. The reference here is to the elections held for the Assemblies for 1683 to 1685 inclusive under the Duke of York, the last of which was under James as King.
8 Ch. 1411 of I. Liv. & Smith, 453.
sentatives to serve in this, or any future Assembly of this Colony, the Sheriff of the Said County for the time being, or his Deputy, shall hold his Court of Election at or near the Presbyterian Meeting-House in the White-Plains, in the said County, and at no other Place Whatsoever; any Law, Usage, or Custom to the contrary notwithstanding.
II. And be it Further Enacted by the Authority afore- said, That if any Sheriff of the said Counsy of West- chester, or Deputy of the said Sheriff, Shall after the Publication of this Act, in the Execution of any Writ or Writs for the electing " Representatives for the Said County, to serve in this or any future As- sembly, act contrary to the Directions, and true In- tent and Meaning of this Act; they shall respectively forfeit the Sum of One Hundred Pounds ($250). to be recovered in any Court of Record within this Colony, by any person aggrieved; and the said Election so made contrary to the Directions and true Intent and Meaning of this Act, shall be null and void to all Iutents, Constructions, and Purposes Whatsoever."
Not only does it prove the great change of popula- tion, south of the Manor of Cortlandt, to which it not apply as that Manor elected its own representa- tive, but the severity of the last clause would seem to show that there was some opposition, probably politi- cal, to the change. It applied to the whole County except the Manor of Cortlandt and the "Borough " of Westchester, which elected their own representa- tives.
No other change was made during the Colonial era, and from 1751 to 1776, all the County "Courts of Election " were held at the Presbyterian Church in White plains.
The Colonial elections were not held at fixed times as at present, but at whatever dates the "writs" of elec- tion were issued to the Sheriff by the Secretary of the Province, at the command of the Governor and Coun- cil. Consequently they were held at various seasons of the year, but usually early in the spring or in the fall.
The qualification for electors "in the Cities, Coun- ties, and Mannors " of the Province, was the having by "every one of them," "of Land or Tenements improved to the value of Forty Pounds in Freehold, free from all Incumbrances, and have possessed the same three Months before the Test of the said Writ." As soon as the writ was received by the Sheriff, he was obliged in six days to give at least six days pre- vious public notice of the time and place of election, to each constable in his bailiwick to be affixed to the most Public Place in each Town, or Mannor. At the time and place fixed the Sheriff attended with his Deputies and presided at the "Court of Election." The electors met, the candidates being present, the Sheriff announced the names of one side, when all of their supporters held up their hands; then he an- nounced the names on the other, and their supporters held up their hands. He then announced who had the most. In case the election was not determined by this
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THE ORIGIN AND HISTORY OF THE MANORS.
" view," as the law calls it, or " show of hands," as it was popularly termed, with the consent of the elec- tors, then "a Poll " was required. The Sheriff then appointed a sufficient number of clerks who were sworn, "Truly and Indiferently to take the same Poll, and to set down the names of each Elector, and the place of his Freehold, and for whom he shall poll, and to poll no Elector who is not sworn, if so required by the Candidates or any of them, then and there present." The Sheriff also appointed to each candidate such one person as the latter designated " to be Inspectors of Every Clerk." Every elector if a candidate desired it was obliged to swear in his vote, which was given audibly by word of mouth. At the end the Sheriff made a return of the votes cast in writing and announced the result. The return, which was a certified copy of " the poll" as taken by the Clerk " in his presence, the Sheriff returned to the Secretary of the Province, who produced it at the first meeting of the Assembly which was the judge of the validity of all elections of its members. Neither the Sheriff nor his deputies were permitted to charge any fees whatever. And he was bound to furnish "a copy of the poll" to any one who demanded it, on "payment of a reasonable charge for writing the same."
Such was a Westchester County election in Colony Times, and such the Presbyterian Church in White- Plains witnessed from 1751 to 1765 inclusive. This edifice of wood stood on the site of the present stone church on Main street, but was burned down in 1776 by the Americans, Massachusetts troops, in the same fire which destroyed the Court-House as has been mentioned above.
Another matter of interest in Colonial days to the people of Westchester, were the two Fairs held by law in the county. In England Fairs were often a fran- chise of a manor, as well as of a town or county, but neither of the Westchester manors possessed it. The reason probably was, that very early, in 1694, before the time several of them were erected, a general "Act for the settling of Fairs and Markets in each respec- tive City and County throughout the Province" was passed.1 It directed that two Fairs be " kept " in the County of Westchester, the first at Westchester on the second Tuesday in May, the second to be "kept " at Rye on the second Tuesday of October, each yearly, and to be " held for four days inclusive and no longer," so as to end on the "Fryday" of each week; "All which Fairs shall be holden together with a Court of Pypowder, and with all Liberties and Free Customs to such Fairs appertaining, or which ought or may ap- pertain, according to the Usage and Customs of Fairs holden in their Majesties Realm of England." The Governor of the Province commissioned for each Fair "a Governour or Ruler " authorized to hold a Court of Pypowder on each of the days of the Fairs, who
was charged with the preservation of order, and who could try all causes of Complaint of every Kind, and all disputes, arising at the Fairs, and could punish "by Attachments, Summons, Arrests, Issues, Fines, Redemptions, and Commodities, and other Rights whatsoever, to the same Courts of Pypowder any way appertaining," . To these Fairs, could be carried, for sale, (for they were not Exhibitions for prizes like modern Fairs, but places for trade) "all sorts of Cattle Horses, Mares, Colts, Grains, Victuals, Provisions, and other Necessaries, together with all sorts of Merchan- dize of what nature soever, and them to expose to sale or Barter in Gross or by Retail, at the Times, Hours, and Seasons, that Governours or Rulers of the said respective Fairs, for the Time being, shall pro- claim and appoint." The Governor was also obliged to set apart a certain space or " Open Place " for all the horse kind, where they could be sold, and put a person in charge as "Toll-Gatherer " who was to take "Nine pence" a day for every animal brought there and sold ; and who was to put down in writing in a book, the names, sir-names, and dwelling places of all the said Parties, and the Colour, with one special mark at least, of every such Horse, Mare, Gelding, or Colt," sold, bartered, or exchanged under a penalty of a fine of Forty Shillings. The "Toll-gatherer, was obliged the next day after the Fair" to deliver the said book to the "Governour," who was to make a note therein of all the number of all the animals, so sold &c. at the Fair, and subscribe his name to it, for which entry of such sale &c. he was "to take for Toll of the same the sum of Nine pence, the one half to be paid by the Buyer, the other half by the Seller." It is evident from this that the old Westchester men meant that their dealings in horses at their Fairs should be as honest as the nature of the business would permit, whatever may been the practical result.
Such were the County Fairs of the Colonial Days, and to them went regularly great numbers of people with their stock and produce, from the Manors, Great Patents, and villages of all Westchester. And there too went as in more modern days the county politicians of all kinds who of course attended, as their successors do now, solely for the good of their country.
In this connection it is proper to state the origin and organization of the County itself as such. .
Under the Dutch there was no county organization, each of the settlements then in existence, and the Patroonship of Colendonck, were simply mere parts of the Province of New Netherland entirely independ- ent of each other.
When the Dutch surrendered New Netherland in 1664, one of the first acts of the first English Governor Richard Nicolls was to re-name it and its parts in the English language in the English manner. This he did by using mainly the name and titles of the Duke of York, who was Lord Proprietor of the Province,
1 III. Brad. 17.
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HISTORY OF WESTCHESTER COUNTY.
and by whom he was appointed the Chief of the Commis- sion to capture it, and then to command it as its first Governor. It was a very natural thing for him to do, but its result has been to fasten forever on what is now the chiefest city of the Western hemisphere, that most inadequate name-New York. As the entire region surrounding Old York in England, from which the Duke took his title, forms the County there called "Yorkshire; " and as it is one of the largest in Eng- land, it was early for convenience sake divided into three Districts, termed in the peculiar Dialect of that region, Ridings, which from their position were termed the East, West, and North, Ridings of Yorkshire. This example Governor Nicolls faithfully followed. He called Long Island, Staten Island and Westchester, as the region nearest to " New," York, " Yorkshire," and divided it into three "Ridings, the "East," "West," and "North," "Ridings. The region now Suffolk County formed the " East Riding ; " Staten Is- land, Kings County, and the town of Newtown in Queens County, formed the "West Riding; " there- mainder of what is now Queens County, together with what is now Westchester County, being all the territory on the main, North of the Harlem River and South of the Highlands, between the Sound and the Hudson, he called the " North Riding." As the portion of "the North Riding " on the main, Westchester County was legally and popularly known till the year 1683. In that year it received its present name in an act of the first legislature of New York, which sat in the " Hall " of Fort James. This Assembly which there sat, was called by the express " Instructions " of the Duke of York by his Governor Thomas Dongan subsequently Earl of Limerick, and was the very first ever held in New York. This Act, passed on the 1st of November, 1663, runs thus : "Haveing taken into Consideraçon the necessity of divideing the province into respective Countyes for the better governing and setleing Courts in the same, Bee It Enacted by the Governour, Coun- cell and Representatives, and by authority of the same That the said Province bee divided into twelve Coun- tyes as followeth : . . . . The Countye of Westchester to contain West and East Chester, Bronx' Land, fford- ham, Anne Hooks Neck, Richbills, Minford's Island and all the Land on the Maine to the Eastward of Man- hattan's Island As farr as the Government Extends and the Yonckers Land and Northwards along Hudsons River as farr as the High Lands." After describing all the "countyes" seriatim, the Act terminates with this clause, which first created English High Sheriffs in New York : "And for as much there is a necessity for a High Sheriffe in every County in this Province, Bee it therefore Enacted by the Governour, Councell, and Representatives in Generall Assembly mett and by the Authority of the same, THAT there shall be
yearly and Every yeare an High Sheriffe constituted and Commissioned for Each County And that Each Sheriffe may have his under Sheriffe Deputy or Dep- utyes." From 1683 to 1783, precisely one hundred years, the High Sheriffs existed, and so were they always designated. After the Revolution the prefix was dropped, the duties remained the same, however, except the holding of "Courts of election " was taken from them, and these officers themselves were appoint- ed by the State Governor. By the Constitution of 1821 they were made elective. A great mistake, for an officer clothed with a Sheriff's powers, of all others, should never be made elective. As its result we see the corruptions, extortions, aud cruelties, which are known to every observant man, especially in the cities of the State.
The Acts of the Legislatures from 1683 to 1685 in- clusive under the Duke of York as Lord Proprietor, and of 1686 under him as James II. though existing in manuscript in the State, have, strange to say, never been printed by the Province, nor the State of New York, a fact disgraceful to both. This one dividing the Province into Counties, however, has by itself been printed in two or three historical works, the last of which is the xiiith volume of the Colonial History of New York, in which it is on the very last page. But to this hour it has never appeared in any of the volumes of the Laws of New York. It was passed and signed by Governor Dongan on the 1st of No- vember 1683, and is entitled "An Act to divide this Province into Shires and Countyes." It was the third act of the first session of the first Legislature which ever sat within the limits of this State.2 Eight years later the first Assembly under William and Mary was called by Governor Sloughter.
The first Act of the second session of this first Leg- islature under the "Instructions " of those Sover- eigns, held at the "Fort Hall" in September 1691, was a confirmation of the foregoing law, in the form of " An Act to divide this Province and Dependencies into Shires and Counties,"3 with a preamble that it was enacted to prevent mistakes in the boundaries. The first clause provides "That the said Province be divided into twelve Counties, as followeth ; " and the third clause is, "The County of Westchester, to con- tain East and Westchester, Bronkes Land, Fordham, Mannor of Pelham, Miniford Island . (now City Island) and Richbill's Neck, (now De Lancey's Neck) and all the land on the Main to the Eastward of Manhat- tans Island, as far as the Government at present ex- tends, and the Yonckers Land. And Northwards along Hudsons River as far as the High Lands." The member chosen from Westchester County to this AR-
" It is here cited from a MS. copy of the original Manuscript of the Dongan Laws, at Albany, in which it is found on page 12.
8 TI. Bradford's Laws, ed. 1710, p. 11. III. Bradford's Laws, ed. 1726, p. 11. I. Livingston & Smith's Laws, 6., II. Van Schaack, 6.
4 Westchester is named first in the original act, while it is second here. This is the only change that was made.
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