Origin and History of Manors in the Province of New York and in the County., Part 22

Author: Edward Floyd De Lancey
Publication date: 1886
Publisher:
Number of Pages: 171


USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 22


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How extensive an area this description embraced cannot be stated its terms being too vague, but is was a very large tract lying east of the eighteen hundred acre tract called Sachus, or Sachoes, and known as " Rycke's Patent," which embraced the present vil- lage of Peeks Kill and its immediate neighbourhood, the fee of which was not owned by Stephanus van Cortlandt, although within the limits of the Manor, and subject to its jurisdiction, till 1770, when it was granted by special act a civil organization of its own, as will be hereafter shown.


These lands including all his purchases upon both sides of the Hudson River were granted and con- firmed, to Stephanus van Cortlandt, June 17th, 1697, by the Manor-Grant of the Manor of Cortlandt. Its


1 Now called Snakehole Creek.


" The Creek South of Snakehole Creek.


3 Now called Iona Island.


:


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122


HISTORY OF WESTCHESTER COUNTY.


boundaries as therein stated are thus set forth, "a certain tract and parcell of Land situate Lying and being upon the East side of Hudson's River, Begin- ning on the North Line of the Mannor of Philipse- burghe, now in the tenour' and occupation of Fred- rick Phillipse, Esqr., one of the Members of our said Councill, and to the south side of a Certain Creeke called Kightawank Creek,' and from thence by a Due East Line Runing into the woods Twenty Eng- lish miles, and from the said north line of the Man- nor of Philipseburghe upon the south side of said Kightawank Creek running along the said Hudson River Northerly, as the said River runs, unto the North side of a High Hill in the highlands commonly called and Known by the Name of Anthony's Nose, to a Red Ceader tree, Which Makes the South Bounds of the Land now in y' tenour and occupation of Mr. Adolph Phillipse' Including in the said North- erly Line all the Meadows, Marches, Coves, Bays, and Necks of Land and pennensulaes that are ad- joining or Extending into Hudson's River within the Bounds of the said Lines, and from said red ceader tree another Due Easterly Line Runing into the Woods Twenty English Miles, and from thence along the Partition Line between our Colony of Conecticut and this Our Province untill you come into the place where the first Easterly 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, and on the south side by the Northerly Line of the Mannor of Philipse- burghe to southward of Kightawank Creeke aforesaid, and on the west by the said Hudson's River, and on the North side from the aforesaid red ceader tree by the south Line of the Land of Mr. Adolf Phillipse. And also a Ceartain parcel of Meadow Lying and being situate upon the West side of Hudson's River Within the said High Lands over against the afore- said Hill called Anthony's Nose, Beginning on the South side of a creek called by the Indians Sinkee- pogh, and so along said Creeke to the head thereof and then Northerly along the high hills as the River Runeth to another Creeke Apinnapink, and from thence along said Creeke to the said Hudson's River."


From this description we are able to see the out- line and appreciate the extent, and area, of this mag- nificent Manor of Cortlandt, which contained on the East side of the Hudson River 86,213 acres, and on the West side at least 1,500 acres, making altogether the enormous total of Eighty-seven thousand seven hundred and thirteen acres of land.


About two years after receiving the Grant of the Manor Stephanus van Cortlandt, following the usual,


and the wise, rule of the day in such matters, (the reason of which has been fully explained in the beginning of this essay in speaking of the Native owners of the County) ' obtained from the Indian dwellers upon the lands of his grant as a whole, a special deed of confirmation. This Instrument is very important as it staten specifically the lands in, and the bounds of, the region embraced in the Manor of Cortlandt. It is dated the 8th of August 1699, and is in there words ;


Indian Deed of Confirmation of the Manor of Cortlandt.


" We, Sachima-Wicker, Sachem of Kightawonck," (and twenty two other Indians seven of whom were squaws) " all right, just, natural owners and proprie- tors of all the land hereinafter mentioned, lying and being within the bounds and limits of the Mannor of Cortlandt, &c., have sold, for a certain sum of money, all that tract and parcel of land, situate, lying, and being in the Mannor of Cortlandt, in West Chester County, beginning on the South side Kightawonck Creek, and so along the said Creek to a place called Kewighecock', and from thence Northerly along a Creek called Peppeneghek " to the head thereof, and then due east to the limits of Connecticut, being the easternmost bounds of said Mannor, and from thence Northerly along the limits of Connecticut aforesaid to the river Mutighticus' ten miles, and from thence due west to Hudson's river, together with all the lands soils &c &c.8 The witnesses were John Naufau (the Lieut. Governor) Abraham De Peyster, James Graham, and A. Livingston.


Thus Stephanus van Cortlandt became the undis- puted and acknowledged Lord of "The Lordship and Manor of Cortlandt."


There were two small parcels of land within the above general limits of the Manor, the soil of which was not owned by either Stephanus van Cortlandt or his heirs, one of eighteen hundred acres and one of three hundred, the latter fronting on the north side of Peekskill bay, the former on the Hudson River be- tween Verplank's Point and Peekskill creek. The former was the tract known as "Ryke's Patent." Its Indian name was "Sachus," or "Sackhoes," and it was purchased of the Indians on the 21st of April, 1685, under a license dated March 6, 1684, from Gov- ernor Dongan, by Richard Abrams, Jacob Abrams, TeunisDekey or De Kay, Seba, Jacob and John Harxse;" and on the 23rd of December, 1685, a patent was granted to these purchasers and one or two others for this tract, in which it is thus described :- "All that certain tract or parcel of land, situate, lying, and being on Hudson's River at a certain place called by


1 Tenure.


" The Croton River:


" A brother of Frederick Phillipse. The tract was called "Phillipse's Upper Patent," and included almost all of what is now Putnam County.


4 Ante p. 34.


" Or Kewightequack, as spelled on the Map of the Manor.


" Now Cross River, an eastern branch of the Croton.


" Now called the Titicus.


8 Book I of Indian Deeds, 88, Sec. of State's off. Albany.


9 So spelled and named in the original petition to Dongan for the


Patent in vol. 2 of Land Papers of 1683, Sec. of State's Office, Albany.


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123


THE ORIGIN AND HISTORY OF THE MANORS.


the Indians Sachus, and stretching by the north side of Stephanus van Cortlandt, his land up to the said river, to another creek, and so runs up said creek in several courses, to a certain tree marked T. R. west of the aforesaid creek which lies by Stephanus van Cortlandt's land, including all the meadows both fresh and salt within said bounds, containing in all 1800 acres or thereabouts." The tenure like that of the Manor was " in free and common soccage accord- ing to the tenure of East Greenwich in the County of Kent in his Majesties Kingdom of England." The quit rent was "ten bushels of good winter merchant- able wheat yearly, on the five and twentieth day of March [New Years Day according to the then " old style "] in the city of New York.1


From Richard Abrahamsen one of the six patentees this tract derives its name of Ryke's Patent, "Ryke" being a Dutch abbreviation of Richard, he having subsequently acquired the shares of several of the original owners.' From him and his brother Jacob Abrahamsen of "Upper Yonckers," their title passed by purchase to Hercules Lent who also acquired finally the title to the whole 1800 acres. Hercules Lent devised the patent in several parcels among his children and grandchildren by will in 1766.' The name of Lent is still very common in the neighbor- hood of Peekskill to this day, and some of the name still own portions of the original tract. The 300 acre tract, which was of little importance, fronted on the inner and upper part of Peekskill bay, and became prior to 1732 the property of John Krankhyte. Both these pieces are shown, colored in pink, on the accom- panying map of the Manor of Cortlandt.


The earliest traces of the settlement of any part of the Manor was that at the trading station with the Indians, which resulted in the erection of the stone fortified building, at the north side of the mouth of the Croton, which subsequently became the present Manor House. The largest Indian village was upon the high flat at the neck of the peninsula of Senas- qua, or Tellers, or Croton Point, which unites it with the main land, and over which now runs the River Road. Hence for convenience sake the Dutch traders sought the landing place of the In- dians, in the sheltered North side of the Estuary of the Croton, then an open bay without the sedge flats which now nearly fill it. Here too was subse- quently established the ancient ferry and ferry house, as the population, and the traffic, up and down the Hudson, began to grow and increase. The next point of settlement was about the mouth of the Peekskill Creek, and in the tract called Ryke's Patent. The method of settlement adopted by Van Cortlandt was the same as that, which was adopted by the early Dutch


colonists, and subsequently continued by the English. What it was we learn from the " Information relative to taking up Land in New Netherland in the form of Colonies, or private bonweries " written in 1650 by Secretary Tienhoven, for the information of the States- General of Holland. " Before beginning to build " he says, "'Twill above all things be necessary to select a well located spot, either on some river'or bay, suitable for the settlement of a village or hamlet. This is pre- viously properly surveyed and divided into lots, with good streets according to the situation of the place. This hamlet can be fenced all round with high palisades, or long boards, and closed with gates." * * " Outside the village or hamlet, other land must be laid out which can in general be fenced and prepared at the most trifling expense."


" In a Colonie each farmer has to be provided by his landlord with at least one yoke of oxen or with two mares in their stead, two cows, one or two sows for the purpose of increase, the use of the farm, and the support of his family." * * "And as it is found by experience in New Netherland that farmers can with difficulty obtain from the soil enough to provide themselves with necessary victuals and support, those who propose planting colonies must supply their farmers and families with necessary food for at least two or three years, if not altogether, it must be done at least in part." Then the proprietor had to furnish mechanics of all kinds, carpenters, smiths, wheel- wrights, millers, and boat builders, and if possible & doctor, and a clergyman or school master. In this document, there are descriptions of a few regions in New Netherland which he mentions as well adapted for settlement and among them, that of the eastern and northern part of West Chester county comprising the subsequent Manors of Cortlandt, the upper part of Philipsburgh, and lands immediately adjacent to them and the Manors of Scarsdale and Pelham. The region is thus mentioned, " The country on the East River between Greenwich and the Island Manhat- tans is for the most part covered with trees, but yet flat and suitable land, with numerous streams and vallies, right good soil for grain, together with fresh hay and meadow lands.


Wiequaeskeck, on the North River, five leagues above New Amsterdam, is very good and suitable land for agriculture, very extensive maize land, on which the Indians have planted. Proceeding from the shore and inland 'tis flat and mostly level, well watered by small streams and running springs. It lies between the East and North Rivers, and is situate between & rivulet of Sintinck and Armonk."‘


This is the first topographical description of the up- per part of the county that exists. Written twenty-sev- en years before Stephanus von Cortlandt obtained his license of 1677, and thirty-three before he made his


1 Lib. A. of Patentz, Sec. of State's Off., 114. Lib. I., West. Co., Rog. Of., 145.


2 The " Von Rycken " origin of this name, given in Bolton's History, is fanciful.


3 Lib. 25, Wills, N. Y. Surr. Off., 337.


4 I. Col. Hist. 365-370. These streams were the Sing Sing creek and the Bysom river.


124


HISTORY OF WESTCHESTER COUNTY.


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first purchase of its northern part from the Indians, it gives us a good idea of the clear-headedness and shrewdness of the man, and the obligations he took upon himself in undertaking to settle the tract. He undoubtedly did a good deal in bringing in inhabit- ants and stock, between 1683, the date of his first purchase, and 1697, the date of his Manor-grant. Here it was that he erected the mills, mentioned (in the plural) in his will, dated three years later in 1700, the year of his death, which by both Dutch and Eng- lish law the Patroons and the Lords of Manors were bound to provide for the benefit of their tenants. Had . Stephanus von Cortlandt lived to be seventy-five or eighty years old, like so very many of his descendants in every generation, instead of dying at fifty-seven, leav- ing a large family, mostly minors, it is probable that he would have left his manor as flourishing and as populous in proportion as that of Rensselaerswyck at the same date.


The general franchises 'and privileges of a Manor having already been described, those only which were peculiar to this particular Manor of Cortlandt will be mentioned here. The Rent Service on which the Manor was held, was " Forty shillings current money of our said Province " (five dollars), payable "at our city of New York on the feast day of the Annuncia- tion of our blessed Virgin Mary." The peculiar franchises of the Manor of Cortlandt were two only, the Rangership of the Manor, and the right to be represented by its own member in the General Assem- bly after the expiration of twenty years next ensuing the date of the Manor Grant, the 17th of June 1697. In this as in all the other Manor-Grants was a clause giving to the Lord and his heirs the right for his tenants to meet and choose assessors and provide for public charges in accordance with the general laws of the Province.


Like all the other Manor-Grants silver and gold mines were excepted from the grant and reserved to the Crown. This reservation was actually acted upon by the Crown in the case of this Manor. And the last century a Crown-grant was made of a silver mine which was discovered just by Sing Sing village. But space will not permit more than this mention of the fact.


"Rangers" were sworn officers of the Crown, to whom were granted by the Sovereign the "Royal rights or franchises, of waifs, estrays, hunting, royal fish, treasure trove, mines, deodands, forfeitures, and the like. They were appointed, either, by a special royal grant, over a special district, which was the more usual, or else, as in this instance, the franchise was named among others in the grant of a Manor. The appointment by Governor Hunter on September 4th, 1710, of Major Thomas Jones, of Fort Neck, Queens County, the grandfather of Judge Thomas Jones the author of the "History of New York dur- ing the Revolutionary War " as ' Ranger-General of Long Island ' is an instance of the former. That of


Stephanus van Cortlandt in his Manor-Grant of Cortlandt one of the latter. Its value to the Lord of Cortlandt was, that it gave him the regulation and absolute control of the methods of Hunting and Fishing, throughout the Manor, the forests and waters of which were remarkable for their more than great numbers of deer, beaver, wild turkies, wild geese swans, ducks, and other feathered game, and the great- plenty of salmon, shad, herrings, and striped bass, which filled the Hudson, to say nothing of the trout, black bass, and pickerel of its beautiful fresh water lakes and streams, which gemmed in clear brilliance the vales and glades of the Manor amid its bold lofty hills, and dark, magnificent forests.


The other special franchise was that of sending a Representative to the General Assembly. This was a franchise of so high a character that it was granted to but two more out the many New York Manors, those of Rensselaerswyck in 1705 and Livingston in 1715, the former eight years, the latter eighteen years, after the grant to Cortlandt. The franchise in this case was not to be enjoyed till after the lapse of twen- ty years from the date of the Manor-Grant, June 17th 1697, that is until after June 17th, 1717. The reason of this was to allow a sufficient time to elapse for the coming in of a population numerous enough to re- quire a representative.


In 1697 when the Manor was erected, except a few white people near the mouth of the Croton, and near Verplanck's Point, the whole Manor was occupied by the Indians. True, their title to the lands had been duly purchased, but, as in almost all Indian purchas- es a right to hunt and fish and plant corn, was prac- tically reserved by the Indians. And this the whites always acknowledged. In consequence the entry of the whites was extremely gradual. Therefore, until people enough to require a representative had settled upon the Manor there was no need of one.


It was not until 1734, however, that the heirs of Stephanus van Cortlandt, who had died in 1700, chose to avail themselves of this privilege of representa- tion. In that year at their instance Mr. Philip Ver- planck ' was chosen to represent the Manor in the General Assembly. The admission of its Members to the Assembly is interesting and curious. On the 10th of June 1734, says the Journal of the House, "Philip Verplanck, Esq., attending without, was called in, and produced to the House, an indenture that he was duly elected a Representative for the Manor of Cortlandt, in this present Assembly, as likewise the Letters Patent of the said Manor dated in the year 1697, whereby a Power and Privilege [was ]granted to choose said Repre- sentative living within the same, to commence twen- ty years after its date-Ordered, that the same be taken into consideration to-morrow morning." The next day, the eleventh, the House resolved that Mr.


1 The husband of Gertrude, only child of Johannes (John) van Cort- landt, the eldest son of Stephanus, which Johannes was then dead.


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THE ORIGIN AND HISTORY OF THE MANORS.


125


Verplanck "be admitted as a member of this House for the said Manor as soon as an act is passed for that purpose, and that leave be given him to bring in a bill accordingly." Four days afterwards, on the 15th of June 1734, " Mr. De Lancey " (Etienne or Stephen De Lancey, the first of that family in America, then the first named of the four members for the City of New York, a son-in-law and one of the heirs of Stephanus van Cortlandt) "according to leave pre- sented to this House a bill entitled, An Act for regula- ting the choice of a Representative for the Manor of Cortlandt in the County of Westchester; which was read the first time and ordered to be read the second time. Two days later, on the 17th, in the morning session, the bill was read a second time and referred to the Committee of the Whole. In the afternoon session of the same day "Col. Lewis Morris, Jr., 1 from the Committee of the whole House reported the bill with an amendment, "which were read and agreed unto by the House," and the same ordered to be engrossed. Five days later the Governor (Cosby) gave his assent to the bill and it was, with nine others, " published at the City Hall." After which and on the same day, on motion, Mr. Verplanck was admit- ted as the Representative for the Manor of Cortlandt. He was then called into the House, and Messrs. Le Count and Van Kleck were directed to go with Mr. Verplanck before the Governor, and see him take the oaths and subscribe the Declaration according to Law. This was done, and on their return Mr. Le Count reported that the duty had been performed, whereupon it was, "Ordered, that the said Mr. Philip Verplanck take his place as a Member of this House accordingly."" It is easy to see from these proceed- ings that the Assembly was very jealous of its own privileges, and careful to see that the admission was strictly according to law.


The Act itself consists of a long preamble and four sections, the last of which was the " amendment" added in Committee of the Whole. It is recited in the preamble that Mr. Verplanck had been elected " pursue ant to a Writ lately issued to the Freeholders of and in- the said Manor," and it then gives the reason for enact- ing the law in these words ;- " But inasmuch as the Heirs of the said Stephanus van Cortlandt, by Reason of the said Manor's remaining undivided among them, and otherwise, had not, untill very lately, as- serted and claimed their said Privilege; and there not being sufficient Provision made in the said Grant for the regulating and orderly chusing such Repre- sentative, some Debates and Controversies did arise in the House of Representatives,' upon the Return made to them of the choice of the said Philip Ver-


planck as aforesaid; and thereupon for the regular admission of the said Philip, it was ordered that he should have leave to bring in a bill for that purpose; Wherefore and to the end such Representative may be more orderly and duly elected for the future." It was enacted ;- first, that Verplanck's election should be confirmed ; second, that the Freeholders of the Manor should elect " a fit and discreet Inhabitant and Freeholder" of the Manor to represent it in the Assembly ; third that the Returning officer of the Manor should hold the elections precisely as the High Sheriff held the elections in the County, and be em- powered to administer the same oaths; " and fourth and last, the amendment reported by Col. Lewis Morris, Jr., which as it is both curious and interesting, is here given in full ; IV. Provided and Be it enacted by the Authority aforesaid, That the Freeholders and In- habitants of the said Manor of Cortlandt, shall at all times pay the Wages of their own Representative; and that nothing herein contained shall exempt them from paying their due and equal proportion of the Wages of the Deputies or Representatives for the County of Westchester, and of all other the annual publick, and necessary charges of the same County."" It is certainly very evident that the Assembly of 1784 did not believe in Representation without double taxation. There was probably some jealousy, or political feeling at the bottom of the insertion of this provision, for three years later, in 1787 it was uncon- ditionally repealed by an Act passed on the 16th of December in that year," except as to the general County charges. This act also fixed the " Wages " of the Representative of the Manor at "Six shillings for every day he attends the Service of the said As- sembly," and expressly provided that the Inhabitants of the Manor should "only pay the charges and Wages of their own Representative."


It also provided for the annual election in the Manor of "one Supervisor, one Treasurer, two As- sessors, and one Collector " with all the powers and duties of those officers in the Counties of the Pro- vince, pursuant to "The Act" of William and Mary of 1691, "for defraying the public charges of the Province, maintaining the poor, and preventing vag- abonds." This was the first time these officers be- came necessary in the Manor.


Elected and admitted to his seat under this fran- chise in 1734, Philip Verplanck was constantly re; elected to subsequent Assemblies and sat for the Manor of Cortlandt continuously up to the year 1768, the long period of thirty-four years. A continuous period of service without a parallel in Province of New York, and which has never occurred under the State of New York. The nearest approach to it un- der the State Government, singularly enough, being


.


1 Son of the Chief justice of the same name.


" See journals of the Assembly vol. I. pages 666 to 669 for these pro- ceedings.


" This term "House of Representatives" so familiar to all Americans now, was the term always used in New York in colony times, to distin- guish the Assembly officially.


+ See pp. 110, 111, Ante.


"I. V. S. Lawa, chap. 607, p. 183.


· I. V. S. Laws, ch. 654, p. 192.


126


HISTORY OF WESTCHESTER COUNTY.


that of the distinguished, and very able, gentleman, who has, in our own day, represented this same Man- or of Cortlandt and the portions of the County ad- joining it, now the third Assembly District of West- chester County of which he is a native, for 16 years in the Assembly 11 of which were of continuous ser- vice, the Honorable James W. Husted of Peekskill; and who in the Assembly of this present year-1886 -now presides over that Body as its speaker,-the fourth time to which he has been chosen to that high office. 1 Mr. Verplanck having died and Sir Henry Moore the Governor having dissolved the old Assem- bly on the 6th of February 1768, writs for a new election were issued on the 10th of February return- able on the 22d of March following, between which dates the new election was held, in the manner that has been before described, and " Pierre Van Cortlandt Esq." was duly elected representative for the Manor, and took his seat at the opening of the session on the 27th of October 1768.' This Assembly was a very short one, having been dissolved by the same Gover- nor on the 2d of January 1769. New writs for a new election were issued on the 4th of the same month re- turnable on the 14th of the ensuing February.' The election in the manor took place on the 1st of Febru- ary 1769 "Pierre Van Cortlandt Esq." being again elected. The following is a copy of the "return " of the election under the hands and seals of the return- ing officers, and as showing the method in use in Col- ony days is of much interest. It is endorsed "Copy of Incenture certifying the election of Pierre Van Cortlandt Esq'. to serve as Representative of the Manor-1769."




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