USA > New York > Bronx County > The Bronx and its people; a history, 1609-1927, Volume I > Part 42
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To the convention to be assembled at Albany, prior to Lincoln's inauguration, delegates from the three Assembly districts of West- chester County were chosen and a great number of well-known citizens attended its sessions. Among them were W. W. Woodworth and
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Thomas Smith, of Yonkers; Darius Lyon, of Eastchester; Dr. W. J. McDermott, of Eastchester; Alexander M. Bruen, James E. Beers of Port Chester; John W. Mills and E. G. Sutherland, both of White Plains; Judge Robert S. Hart, Uriah Hill, William S. Tompkins, and James M. Baird, afterwards register of Westchester County. The · following were selected as alternates: William Radford, James Parker, P. L. McClellan, Abraham Hatfield, William L. Bard, Henry E. Bird, Frost Horton, Columbus W. Seeley, Drs. Benjamin Brandreth and William P. Woodlock, and Jacob Odell. The assemblage proved to be one of the most important in the history of the State of New York. The call and the resolutions passed had in view the urging upon the government of a conciliatory course, the non-enforcement of its au- thority, unless attacked, and the adoption of measures of compromise. Perhaps the effect of this action in New York and of others at the time, was the longer restaining of the arm of the government until some overt act against its constituted authority should be committed which would unite the whole people in rebuking secession and disunion. A resolution offered by Judge Hart, of Westchester, and passed by this convention, looking to the possible necessity for further deliberation and action by this body, made it more clear how, by the precipitancy of the South, these well-meaning and persistent efforts for conciliation were rendered ineffectual.
Civil History in Bronx Territory-And now that we are on the eve of the War of the Rebellion, let us take a backward glance at the more detailed civil history of the territory which included what is now The Bronx as well as the Westchester County. It will be recalled that in 1642 John Throgmorton and some friends, who had suffered in the persecution against Roger Williams, obtained permission from the authorities of the New Netherlands to settle thirty-five families in what is now the town of Westchester. Doubtless the settlement was made in whole or in part shortly after this date. The territory had been purchased from the Indians and bore the name of Vredeland-land of peace. The grant was confirmed by the director-general. Throgmor- ton was to receive the land in fee-simple and to be allowed the free exercise of religion on condition that he, his associates and successors should acknowledge as their lords and patroons the Dutch authorities. This grant really made Throgmorton the patroon of the portion of Vredeland granted to him. The settlement was designated Oostdorp by the Dutch, and by the English, Easttown. This is the first civil division in what later became Westchester County and more specifically a part of the Borough of The Bronx.
A little before that transaction the Dutch had purchased from the
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Indians a large tract of land on the Hudson River, north of Manhattan Island. Later Adriaen Van Der Donck received a grant of this tract, called Nepperhaem, where Yonkers has later stood, from the Dutch owners. This grant was made under the "Charter of Privileges and Exemptions," issued nearly twenty years before, which provided that any member of the company who should purchase of the Indians and found in any part of New Netherland outside of Manhattan a colony of fifty persons over fifteen years of age, should be in all respects the feudal lord and patroon of the territory of which he should thus take possession. This colony came to bear the name of Colen Donck. Here we have the second civil division. Then about a decade later Thomas Pell, of Fairfield, Connecticut, laid claim to Vredeland under color of an Indian conveyance a year before and called it Westchester. Settle- ment took place shortly after by a number of people from New England. However, the Dutch ordered the intruders off the ground to which they had a much prior claim, and a year later an order was issued by the director-general and council for the arrest of the immigrants from New England. A force sent for the purpose arrested twenty-three persons and brought them to New Amsterdam, as a result of which physical measures the prisoners offered to submit to Dutch authority. The sub- mission of the English colonists was accepted. They, however, requested the privilege of choosing their own officers and of making and ad- ministering their own laws. They were granted the same privileges as the freemen of the villages of Middleborough, Brenkelen, Midwout, and Amersfoort. They were allowed to nominate double the number of persons, from whom the executive would make selections. These officers were then nominated as "Schepens." The civil designation given to Throgmorton's settlement of Oostdorp was continued.
In the municipal government of these settlements two systems, essentially different in principle, obtained, remarks O'Callaghan, in his "History of the New Netherlands:" "In the Colonies, the super- intending power lodged in one individual, who, though the immediate vassal of the sovereign authority from whom he derived his lands, was himself Lord paramount in his Manor, where he not only repre- sented the sovereign, but exercised feudal jurisdiction over his colonists, who stood towards him in the same relation he occupied towards the supreme head of the State .... In return for this obedience the patroon was bound to protect the colonists, who had the additional right to address themselves by appeal to the supreme authority at Amsterdam, in case they were either aggrieved or oppressed . . . . Towns or communes sometimes acquired independence of these feudal lords, and held their privileges directly from the crown. They were incorporated and held land in fee, and possessed the rights of patroons.
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They named persons from whom the executive selected officers called "schepens." These constituted a board of communication with their sovereign head, were a local court of justice, and had a schout or sheriff, a secretary and a marshal. Their official term was one year; the hundred years before the Dutch settlement there were in Holland 300 such municipalities. Both ideas came with the people and were found here. Strange as it may seem, while every colony, and almost every hamlet, had its local magistracy, the citizens of New Amsterdam, the capital of the whole province, continued, greatly to their discontent, without a voice in the management of their municipal affairs. The government of the city still continued in the hands of the director- general and his council."
County Town and Courts-By the act of 1683 Westchester, now part of The Bronx, was made the county town and the courts were estab- lished there. From the report to the Committee on Trade in the Province of New York, of February 22, 1687, made by Governor Don- gan, who had summoned the General Assembly of 1683, we gain some idea of the courts established by the act referred to :
Courts of Justice are now established by Act of Assembly, and they are:
1. The Court of Chancery, consisting of Governor and Council, is the Supreme Court of this province, to which appeals may be brought from any other court.
2. The Assembly finding the inconvenience of bringing ye peace, sheriffs, con- stables and other persons concerned from remote parts of this government to New York, did, instead of the Court of Assizes, which was yearly held for the whole Government of this province, erect a Court of Oyer and Terminer, to be held once every year within each county, for the determining of such matters as should arise within them respectively, the members of which court were appointed to be one of two judges of this province, assisted by three Justices of the Peace of that wherein such court is held, which Court of Oyer and Terminer had likewise power to hear appeals from any inferior Court.
4. There is likewise in every county, twice in every year (except in New York, where its four times, and in Albany, where its thrice), Courts of Sessions held by the Justices of the Peace for the respective counties, as in England.
5. In every town within ye Government there are 3 Commissioners appointed to hear and determine all matters of difference not exceeding the value of ££5, which shall happen in the respective towns.
By the act of General Assembly passed May 6, 1691, and ordinance of 1699, several changes were made in the judicial system of the province. A Supreme Court was established, the Court of Oyer and Terminer as a distinct court was abolished, and its jurisdiction vested in the Supreme Court, which retained also the name for its criminal circuit; the functions of the Court of Sessions were confined to criminal matters, and a Court of Common Pleas, erected for each county, with cognizance of all actions, real, personal, and mixed, where the value exceeded five pounds.
From the civil list of the province of New York for 1693 we learn
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something of civil affairs in the region of The Bronx and Westchester County :
Justices in Westchester County: Caleb Heathcote, Esqr., Judge of Common Pleas; Joseph Theall, Wm. Barnes, Daniel Strange, James Mott, John Hunt, Thomas Chadderton, Thomas Pinckney, Esqrs .; Benjamin Collier, Sheriff; Joseph Lee, Clerk of County; Collectors, Assessors, and Constables elective.
An account of all Establishments of Jurisdiction Within this Province.
.Single Justice .- Every Justice of the Peace hath power to determine any suite or controversy to the value of 40s.
Quarter Sessions .- The Justices of the Peace in Quarter Sessions have all such powers and authorities as are granted in a commission of ye Peace in England.
County Court .- The County Court of Common Pleas hath cognizance of Civil Accons to any value, excepting what concerns title of land and noe Accon can be removed from this court, if the damage be under £20.
Supreme Court .- The Supreme Court hath powers of King's Bench, Common Pleas & Exchequer in England, and noe Accon can be removed from this court if under £100.
Chancery .- The Governor and Council are a Court of. Chancery and have powers of the Chancery in England from whose sentence and decree nothing can be removed under £300.
Prerogative Court .- The Governor discharges the place of Ordinary in granting administration and proveing Wills, etc. The Secretary is Register. The Governor is about to appoint Delegates in the remoter parts of the Government, with super- visors for looking after intestate's estates and providing for orphans.
Minor criminal offenses were looked after by the Court of Sessions, and the more flagrant by the judges of the Supreme Court in their cir- cuits through the counties. They had for this purpose "a commission of oyer and terminer and general jail delivery, in which some of the county judges were joined."
Smith, in his "History of New York," gives an interesting account of the courts as they were in 1757 :
Justices of the Peace are appointed by commission from the Governors, who, to serve their purposes in elections, sometimes grant, as it is called, the ad- ministration to particular favorites in each county, which is the nomination of officers civil and military; and by these means justices have been astonishingly multiplied. There are instances of some of those who can neither write nor read. These Genii, besides their ordinary powers, are by acts of assembly enabled to hold courts for the determination of small causes of 5 pounds and under; but the parties are privileged, if they choose, it, with a jury; the proceedings are in a sum- mary way, and the conduct of the justices has given just cause to innumerable complaints. The justices have also jurisdiction with crimes under the degree of grand larceny; for any three of them (one being of the quorum) may try the criminal without a jury, and inflict punishments not extending to life or limb.
The Sessions and Court of Common Pleas .- The Court of Common Pleas takes cognizance of all causes where the matter in demand is in value above 5 pounds. It is established by ordinance of the Governor in Council. The judges are or- dinarily three, and hold their office during pleasure. Thro' the infancy of the country, few, if any of them, are acquainted with the law. The practice of these
THE BRONX BOROUGH HALL
....
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courts is similar to that of the common bench at Westminster. They have each a clerk, commissioned by the Governor, who issues their writs, enters their minutes and keeps the records of the country. They are held twice every year. These judges, together with some of the justices, hold at the same time a court of general sessions of the peace.
Supreme Court .- The judges of this court, according to the act of the Assembly, are judges of Nisi Prius, of course, and agreeably to an ordinance of the Governor and Council, perform a circuit through the counties once every year. They carry with them at the same time a commission of oyer and terminer and general jail delivery, in which some of the county justices are joined. They have but two clerks: one attendant upon the Supreme Court at New York and the other on the circuits.
From these accounts and other sources we gain some idea of the judicial system of the county during colonial times. Under the Duke's Laws there existed a Court of Sessions with both civil and criminal jurisdiction, held three times a year by the resident justices of the peace and the Town Court, held by the constable and at least five overseers of towns. The latter court had both legislative and judicial functions, while the former exercised some of the functions of the supervisors. From 1683 to 1691 we have the Court of Oyer and Terminer, witlı civil, criminal and appellate jurisdiction, held by one judge and three resident justices of the peace; a Court of Sessions, with civil and crimi- nal jurisdiction and power to audit and levy the county and town charges, held twice each year; and a Town Court, held by three com- inissioners. From 1691 to 1776 there were Circuit Courts held annually by one of the Supreme Court justices, who had a commission of Oyer and Terminer, in which some of the county judges were associated; the Court of Common Pleas, composed of one judge and two or more justices of the peace, which took cognizance of all actions, real, personal, and mixed, where the matter in demand exceeded the sum of five pounds in value; the Court of Sessions, whose jurisdiction was now confined to criminal cases; the Justices' Court in the various towns. The people had comparatively little voice in their own government. The judges of the various courts, justices of the peace, sheriff, county clerk, surrogate, and in fact all officers except the town officers, such as supervisors, collectors, assessors and constables, were appointed by the Governor, who was responsible only to the king of England. Most of the officers thus appointed held office during the pleasure of the Governor. This condition of affairs produced satisfaction among the people, and led to an almost perpetual conflict between the government and the General Assembly. The elective officers were the overseers, supervisors, collectors, assessors and constables of the town, the mayor, aldermen, and Common Council of the town, or borough of West- chester, which had a special charter, and representatives in the General Assembly.
Bronx-24
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Changes by Popular Rule-When New York ceased to be under the British government and became an independent State, great and radical changes in principle were made. However, the machinery of govern- ment was not greatly changed. The source of authority was changed, not its expression. The Constitution of 1777 substituted for a Governor appointed by the king of England one elected by the people ; the Council appointed by the king or Governor became a Senate, elected by the people ; and the General Assembly elected by the people remained. The apportionment in both branches of the Legislature was according to population-a principle not previously recognized. The number of elective officers remained the same, but the appointing power was vested in the Council of Appointment, presided over by the Governor, who had a casting vote, consisting of one Senator elected annually by the Assembly from each of the four senatorial districts. A Governor and Council holding office at the pleasure of the king gave place to a Governor and a Council elected by the people for a limited term, and thus became directly amenable to them. The elective franchise in principle remained the same, with the single exception that there was no discrimination on account of religion. The property qualification was still retained. The judicial system remained largely the same. The com- mon and statute law of Great Britain and the acts of the colonial General Assembly, except insofar as they conflicted with the new order of things, were made the law of the State until modified by the Legislature. The radical change was in the constitution of the court of final resort. Under the colonial system the government and council were the court for the correction of errors and appeals, from whom appeals, where the value exceeded five hundred pounds, or where the Episcopal Church was involved, lay to the king in Privy Council. Under the first consti- tution the executive had no political functions; the court of final resort was called the Court for the Trial of Impeachments and Correction of Errors, consisting of the Lieutenant-Governor, Senate, chancellor and judges of the Supreme Court. One other important change was made. In England the granting of probates was a royal prerogative and in the colony was vested in the king's representative, the Governor. The Governor of the State was stripped of this authority, which was granted to the surrogates of the counties and the Court of Probate. With these exceptions the colonial courts were recognized and we have the Court of Chancery with equity powers, the Supreme Court, Court of Common Pleas, Court of Sessions, and the Justices' Courts. Their powers re- mained substantially the same. The Supreme Court justices held Cir- cuit Courts and Courts of Oyer and Terminer in each of the counties. In the latter two or more judges of the Common Pleas were associated.
The Constitution of 1821 extended the elective franchise by virtually
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removing the property qualification, except in the case of colored persons, who were to be freeholders of two hundred and fifty dollars, and tax- payers. The appointing power was vested in the Governor with the advice and consent of the Senate. The offices of sheriff and county clerk became elective, the term of service being three years. The justices of the peace were to be appointed by the supervisors and judges of the County Court. The courts in name remained the same, but the constitution of the Supreme Court was somewhat changed and a Circuit Court was added. "The Supreme Court sat four times a year in review of their decisions and for the determination of questions of law. Each justice was empowered to hold circuit courts and any justice of the Supreme Court could likewise preside at the Oyer and Terminer." The constitution provided that the State should be divided into not fewer than four nor more than eight circuits. Each district had its circuit judge, who possessed the powers of a justice of the Supreme Court at cham- bers, in the trial of issues joined in the Supreme Court, and in the Court of Oyer and Terminer. The Courts of Common Pleas and Ses- sions and Justices' Courts were continued. Prior to the adoption of this constitution most offices were held either during good behavior or at the pleasure of the appointing power. The judges of the Court of Common Pleas were appointed for the term of five years, and the surrogates for four years. In 1823 the Court of Probates disappears, and appeals from the surrogates lay to the chancellor. The justices of the peace became elective in 1826.
The Constitution of 1846 extended the franchise to every resident white male citizen who was twenty-one years of age. The XV Amend- ment to the Constitution of the United States erased the word "white." All judicial offices of the State, all county offices and almost all civil offices in the gift of the State became elective. The Court for Final Impeachment and the Correction of Errors disappears. A new Court of Appeals is established, the constitution of which was somewhat modified by the amendment of 1866. A new Supreme Court was erected, vested with the powers hitherto possessed by the Supreme Court, the Court of Chancery and the Circuit Court. The County Court took the place of the Common Pleas and the county judge, with two justices of the peace, holds the Court of Sessions. The jurisdiction of the former was much greater than its predecessor. The county was made to form part of the Second Judicial District. The Supreme Court was to hold four terms and the County Court five each year at the courthouse at White Plains.
By the act of March 7, 1788, entitled "An act for defraying the neces- sary charges of the respective counties of the State," the region north of the Harlem River with all the county of Westchester was divided
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into twenty towns, viz .: Bedford, Cortlandt, Eastchester, Greenburgh, Harrison, Mamaroneck, Mount Pleasant, New Rochelle, North Castle, North Salem, Pelham, Poundridge, Rye, Salem, Scarsdale, Stephen- town, Westchester, White Plains, Yonkers and Yorktown. "The name- of the town of Salem was changed to South Salem, April 6, 1806, and to Lewisboro, February 13, 1840, and a part of North Salem was annexed April 26, 1844. Ossining was formed from Mount Pleasant May 2, 1845. New Castle was formed from North Castle March 18, 1781, and a part of Somers annexed May 12, 1846. The name of Stephentown was changed to Somers April 6, 1808. West Farms was formed from Westchester May 13, 1846. Morrisania was formed from West Farms December 7, 1855. King's Bridge was formed from Yonkers December 16, 1872. By an act of the Legislature passed May 23, 1873, the towns of Morrisania, West Farms and King's Bridge were annexed to the county of New York, to take effect on the 1st day of January, 1874."
The history of the various assemblies and conventions of the colonial period is a very important part of the history of the struggle that ended in the independence of the colonies. It began in the conflict between the people and the director-general and council in the Dutch colonial period, in which the former claimed a voice in the government, and the "Twelve Selectmen" of 1641, "The Eight Men" of 1643 and 1645, and "The nine men" of 1647, 1649, 1650, and 1652, which necessity wrung from the latter, are really the later Assembly in embryo. Our interest begins with the English period, March 1, 1665, a convention met at the summons of Governor Nicolls, at Hempstead, Long Island, simply for the promulgation of the "Duke's Laws," which had been framed by the Governor under the authority of James, Duke of York and Albany. Westchester, later the borough and town of Westchester, was rep- resented by Edward Jessup and John Quinby. The tyranny and the customs law of the Duke of York so exasperated the people, that the Duke, fearing lest the expenses of the colony should become a charge on his private purse, sent out Governor Dongan with authority to convene a General Assembly. He ordered, September 13, 1683, the election of an Assembly of fourteen representatives. The apportion- ment gave four to Westchester. Its first act was entitled "Charter of Liberties and Privileges granted by his Royal Highness to the in- habitants of New York and its dependencies." This act proves its authors worthy descendants of a liberty-loving ancestry, and worthy progenitors of the founders of American liberties. James had become king of England, and it is scarcely necessary to add that this charter received the royal disapproval, and the General Assembly was abolished, June 16, 1686. Westchester was represented in this assembly by
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Thomas Hunt, Sr., Jno. Palmer, Richard Ponton, and William Richard- son. At Leisler's Assembly, in 1690, Thomas Browne was the rep- resentative for Westchester. He died and a new writ of election was issued. Governor Sloughter arrived on March 19, 1691, with instruc- tions from William and Mary to reestablish the Assembly and rein- state the people in their rights. It consisted of seventeen members, but it was afterwards increased to twenty-seven. On April 9, 1691, it met for the first time. From this date until it ceased to exist on April 3, 1775, it was engaged in one prolonged conflict with the Governor and the crown for the rights of the people. By the act of May 8, 1699, the representatives were elected by the freeholders of forty pounds in value, who were residents of the electoral district at least three months prior to the issue of the writ. The elections were held by the sheriff at one place in each county, and voting was viva voce. The act of November 25, 1751, directed the sheriff to hold his court of election near the Presbyterian meeting-house at White Plains. Previously it had been held in the southern part of the county, doubtless at West- chester. Catholics could neither vote nor hold office, and at one time the Quakers and Moravians were also virtually disqualified by their unwillingness to take the oath.
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