USA > New York > Westchester County > Rye > The bar of Rye Township, Westchester County, New York; an historical and biographical record, 1660-1918 > Part 2
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The town of Rye from the first was concerned in a boundary dispute which has been pronounced "one of the most remarkable on record." This concerned the line separating the Dutch territory of New Netherland, afterward the British Province of New York, from the Colony of Connecticut. Contention waged over this boundary for a period of more than seventy years, the line at length being fixed in 1731, but even since then there have been changes made in it. The story of the boundary dispute can only be briefly alluded to here.
The first proposal to adjust the differences between the Dutch and the English came from Peter Stuy- vesant in 1650. His conference with the English, at Hartford, resulted in fixing a line which should "begin at the west side of Greenwich Bay, being about four miles from Stamford, and so run a north- erly line twenty miles up into the country, and after as it shall be agreed by the two governments of the
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THE THIRD COUNTY COURT HOUSE With the new Supreme Court Building in the rear, in 1907
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Dutch and of New Haven, provided the said line come not within ten miles of Hudson River." This agreement never was sanctioned by the governments at home. A second conference took place October 13, 1663. The Dutch, soon vanishing from the scene, a conflict of claims now began among the English themselves. In 1662, King Charles II. had made a grant to the Connecticut Colony, and in 1663, one to his brother, the Duke of York and Albany. It developed that the King had granted to his brother the greater part of what by a solemn charter he had only a few months before granted the colony of Connecticut. On September 7, 1664, the city of New Amsterdam surrendered to Colonel Richard Nicolls, and on October 12, 1664, the whole of New Netherland became subject to the Duke of York's government, the administration of the province devolving upon Nicolls. The inhabitants of the Connecticut colony, alarmed at the disregard of their rights, appointed delegates for the purpose of settling the boundary with the Duke's commissioners. Oc- tober 28, 1664, the commissioners fixed the line at a distance of twenty miles east of the Hudson River, running parallel with that stream northward from Long Island Sound. An agreement to this effect was written out, but never received the signatures of the parties. The treaty actually signed a few weeks later described an entirely different line, namely, running from the mouth of the! Mamaroneck River north- northwest to the line of Massachusetts, which at that time extended westward to the Pacific. The course
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of this line would now cross Westchester County, pass near Peekskill, cross the Hudson River, pass near West Point, and end a considerable distance beyond and some twenty miles west of the Hudson River. This division caused Rye to be annexed to Connecticut and constituted a portion of Fairfield County. November 24, 1683, articles were con- cluded between Governor Dongan and council and the Governor and delegates of Connecticut, by which the dividing line was placed very nearly where it has remained ever since. It was agreed that the line should run as originally intended, about twenty miles east of the Hudson River, but it was soon found that this would inflict serious injury upon Connecti- cut, because she had long before planted several towns beyond the limits thus defined. It was there- fore conceded that these five towns should remain a part of Connecticut, the boundary being so traced as to exclude them from the province of New York, and as an offset New York was given an equivalent tract from Connecticut. A strip of land along the boundary north of the excepted towns was to be measured off just wide enough to embrace as many acres (61,440) as that contained, and this tract lying beyond the required distance of twenty miles was to belong to New York. It measured two miles in width and over fifty miles in length, extending north to the Massachusetts boundary. This arrange- ment, pleasing to the towns placed within the Connecticut colony, was not agreeable to Rye and Bedford, which were as heartily attached to that
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THE LAST AND PRESENT COUNTY COURT HOUSE recently completed and furnished at a cost of about $600,000, showing also the Supreme Court Building in the rear (By courtesy of Mr. I. N. Boyce)
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colony as were the other towns. Governor Treat, of Connecticut, sought the acquiescence of Rye and Bedford in the change. But besides their unwilling- ness to submit, the inhabitants took courage from the fact that the agreement by which they were set off to New York did not receive the sanction of the authori- ties at home, and for want of this ratification the towns of Rye and Bedford now boldly declared the arrangement to be null and void, and asserted their independence of New York and allegiance to Connec- ticut. For ten years disaffection had smouldered, and now came the outbreak. John Harrison, of Flush- ing, Long Island, had applied, in 1695, to the Gover- nor of New York for a patent of lands which he had purchased from an Indian who claimed to be their proprietor. These lands were a part of the town of Rye and had been purchased long before by some of its proprietors. Governor Fletcher granted them to Harrison and his associates, wholly setting at naught the just claims of the people of Rye. Upon
this added grievance they revolted. On January 19, 1697, Rye, with Bedford, applied to the general court of Connecticut to be taken back under its care and was received. For nearly four years these towns remained as part of Connecticut. The matter was finally referred to the Crown, and on March 29, 1700, the King approved and confirmed the agreement of 1683 and 1684, whereby Rye and Bedford were included in New York, and on the 10th of October, following, the general court at Hartford released Bedford and Rye from all alle-
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giance. Their revolt therefore was brought to an end and the inhabitants seem to have yielded with- out demur to the final decision of their case by the Crown. Yet for thirty years more, until the com- pletion' of the boundary survey in 1731, there was an unsettled feeling among them relative to their political state. At a town meeting held April I, 1699, a committee was appointed "to agree with Greenwich men to run the preamble line." At a similar meeting held November 1, 1707, a committee was chosen to agree with Greenwich men to settle and run the line between the towns of Greenwich and Rye. In May, 1717, the inhabitants of Rye petitioned the general court at Hartford to settle the disputed boundary, and while a line was fixed the dispute was still not terminated. In October, 1718, commissioners appointed by the two govern- ments met at Rye but failed to agree upon a method of procedure. In 1722, the inhabitants of Rye near Byram River again claimed that they were assessed by the government of Connecticut. In April, 1725, commissioners met again in Rye and a survey was commenced but the work was suspended. It was resumed in the spring of 1731, and in that year completed. There it remained without disturbance but not without dispute concerning its location, until 1855, when the general assembly of Connecticut ordered a new survey. Soon after the New York Legislature took similar action. The commissioners could not agree, however, as to the method of running the new line, and nothing was done. In August,
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Another View of THE PRESENT COUNTY COURT HOUSE (By courtesy of Mr. I. N. Boyce)
TO NONE WILL WE SELL TO NONE WILL WE DELAY TO NONE WILL WE CENY FIGHT OR JUSTICE
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1859, new commissioners were appointed but still no agreement was reached. In 1860, the New York Leg- islature again authorized a survey, and this was com- pleted in the autumn of that year, and ratified by both States in 1879, and by Congress in 1881. The bound- ary was last defined as late as 1913 (Laws of N. Y., 1913, ch. 18). Curious indeed it is, that, according to Pellew, John Jay's "official or public life began with his appointment, February 17, 1773, as Secretary to the Royal Commission, to determine the disputed boundary between New York and Connecticut."
Reference should here be made to the Rye Parish which is so often mentioned in early times. By an act passed in 1693, by the Colonial Assembly, Rye Parish was made to include Rye, Mamaroneck, and Bedford. This would also take in The White Plains, Harrison, and Scarsdale. This continued until 1784. The rector at Rye exerted a wide and sometimes a powerful influence. The rectors who officiated over Rye Parish, with the dates of their induction, were Rev. Thomas Pritchard, 1704, Rev. George Muirson, 1705, Rev. Mr. Reynolds, 1709, Rev. Christopher Bridge, 1710, Rev. Robert Jenney, 1722, Rev. James Wetmore, 1726, Rev. Ebenezer Punderson, 1763, and Rev. Ephraim Avery, 1765. Baird says that Wet- more, Punderson, and Avery were buried in a small plot of ground on the westerly side of Blind Brook, nearly opposite the church, and that Muirson and Bridge were buried underneath the church. The first church, built in the time of Rev. Muirson, was located where Christ's Church now stands.
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The history of the town of Rye, after 1700, is part of the history of Westchester County. Of the many events which have taken place here since then, much can be and has been written, but they cannot here be recounted. Suffice it to say that the town slowly gathered strength, grew and developed, but not without hardship, discouragement, and suffer- ing. The days of the Revolution, and before and after, were trying, perilous times for the inhabitants. Rye was the scene of many conflicts during those times. The Church of England, representing the Crown, powerful and influential, being established here, made it doubly hard for the natives to espouse the patriot cause. There was great division of feel- ing in the town. To the Jays, the Thomases, and others is due the gratitude of posterity for foster- ing and keeping alive the spirit of liberty. No part of our country suffered more during the Revolution than the southern portion of Westchester County. "The Neutral Ground it was called, but subjected," says Washington Irving, "from its vicinity to the city, to be foraged by the royal forces, and plundered and insulted by refugees and tories." "No region," he adds, "was more harried and trampled down by friend and foe," than this debatable ground. "These troublous times ought to be remembered," says Baird, "that we may gain some of the most definite views of those hardships which were a part of the 'great sum' with which our fathers obtained their freedom." Apt words to-day!
Never in any great crisis has Rye been found want-
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CHARLES WASHINGTON BAIRD, D.D. Born at Princeton, New Jersey, August 28 1828, died at Rye, New York, February 10 1887. For twenty-six years Pastor of the Presbyterian Church, Rye. Author, " History of Rye," 187I
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ing. Of those mentioned in these pages we find Judge Nehemiah Brown in the service of his country in the War of 1812. During the War of the Rebel- lion, Rye gave of many of her sons. Captain (after- ward Colonel) Nelson B. Bartram left the town with the first company of volunteers, as early as April, 1861, forty-four of whom were residents of Rye. Immediately after Captain Charles H. Palmer re- cruited a company of which twenty were residents of Rye. Captain Thomas Beal recruited a company, of which thirty-eight were residents of the town. Twenty-three other residents were, in addition, enlisted and mustered into the service. In 1862, Captain Palmer returned to Port Chester and organized another company, in which thirty-seven volunteers from this town enlisted. Other persons from the town were mustered into Connecticut regiments. And of the lawyers, then or at other times residents of the town, who shared in preserv- ing the Union, we find the names of Dix, Parsons, Downing, Johnson, Post, George, and Wakefield, now all departed, save Parsons.
In the war with Spain, in 1898, Rye furnished many men for the service, and among its lawyers were Jonathan Mayhew Wainwright and Charles Wesley Stevens.
In the present worldwide conflict, of the members of the Bar of Rye, the following are in the service of our country : Jonathan Mayhew Wainwright, Lieut .- Col., General Inspector, 27th Division, U. S. A .; Herbert Parsons, Major, Signal Corps Reserve,
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A. E. F .; William Rand, Major, Judge-Advocate, U. S. A .; William Harvey Smith, Jr., Major, 153rd Depot Brigade, 5th Battalion, U. S. A .; Albert William Putnam, in command Company A, 105th Machine Gun Battalion, 53rd Brigade, 27th Division, U. S. A .; John Michael Holzworth, Captain, U. S. A .; Roger Sherman, 2nd Lieut., Infantry, unattached, A. E. F .; Roy Livingston Burns, Company E, 306th Infantry, U. S. A .; Samuel Wein, Aeronautical Supplies, Quartermaster's Corps, U. S. A .; Stewart Maurice, U. S. Naval Reserve Force; William Allen Davidson, member and secretary District Board, Southern District of New York, created under selec- tive service law; and Charles Minot Sheafe, Jr., mem- ber and chairman Local Board No. 6, Westchester County; together with the so-called "4 Minute Men," a branch of the Reserve Officers' Corps, the local members being Baruch, Connolly, Dalton, Kelly, Miller, Rosan, Sheafe, Slater, Sporborg, Taylor, and Wilcox.
Until recent times, the lawyers of the town of Rye were few in number. The major part of those living here now maintain their offices in New York City. Until very recently, excepting possibly during the Colonial times, the only law offices in the town were in Port Chester.
Three incorporated villages are now situated within the bounds of the town, namely, Port Chester, Rye, and Mamaroneck. Only the smaller portion of the last, however, is located in the town of Rye. A portion of the town is still unincluded in any village.
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THE HISTORIC SQUARE HOUSE now the Municipal Hall of Rye Village at which Washington, John Adams and Lafayette stopped (By courtesy of Mr. Theodore Fremd President of Rye Village)
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Port Chester was originally known as Sawpit, which was incorporated by Chapter 243 of the laws of 1823. Sawpit was honored, in 1824, by the presence of General Lafayette, on his way from New York to New England. After dining at Penfield's Hotel, Rye, the illustrious guest proceeded to Mr. Moseman's, at Sawpit, where he was received by a party of gentlemen on horseback. Here he shook hands " with hundreds, young and old." Passing on to Byram Bridge, he was met by a Connecticut troop of horse. Mr. Moseman's place, which later was known as the De Soto House, stood on the site now occupied by the Port Chester Savings Bank. It is said that this structure was erected in 1806, by Reuben Coe. It was then called "The Pavilion," and a Dr. Brewster was its first proprietor. By Chapter 60 of the laws of 1837, Sawpit became Port Chester, the change not being effected without dif- ficulty. By Chapter 276 of the laws of 1855, Port Chester was changed to a fire district and the Sawpit charter repealed. By an act of the Legislature, passed May 14, 1868, known as Chapter 818 of the laws of that year, Port Chester was incorporated as a village. Its present population is nearly, if not quite, 16,000. (See Appendix.)
Rye village was incorporated under the general village law, September 12, 1904. In 1815 or 1816, Rye was visited by Joseph Bonaparte, ex-King of Spain, who was in search of a suitable place for his future residence in America. It is said that he was desirous of establishing himself somewhere on
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the western shore of Long Island Sound and that the locations which pleased him most were Theall's Hill, at Rye, and Hunter's Island. The most historic spot in Rye is probably the present munici- pal hall, known in early times as the Square House, or Haviland's or Penfield Inn. Here, it is said, John Adams stopped, in 1774, on his way from Boston to New York. Here, too, on October 15, 1789, Washington stopped on his way to New England, and again on his return, November 12th. Rye has become widely known in recent years as the place of a public park to which large num- bers of people are drawn during the summer season. The population of Rye is about 5500. (See Ap- pendix.)
The lower portion of the town of Rye was made part of the village of Mamaroneck when that village was incorporated in 1895 under the general village law. (See Appendix.)
The park above referred to was authorized by Chapter 711 of the laws of 1907. It is located on Long Island Sound, and includes what was formerly known as Oakland Beach. Nearly a half million dollars has been expended in the acquisition and embellishment of land and the erection of buildings. The act provides for a park commission, consisting of the supervisor of the town, the presidents of Port Chester and Rye villages, one appointee of the town board resident in Mamaroneck, and another ap- pointee of the Rye village trustees. The present Commissioners are George J. Werner, Warren J.
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THE DE SOTO HOUSE, PORT CHESTER at which Lafayette stopped
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Martin, Theodore Fremd, Henry C. Weeks, and Richard T. Wainwright.
In point of population the town remained nearly stationary for a long series of years. In 1712, it contained 516 inhabitants, of whom 18 were slaves; in 1790, 986, of whom 123 were slaves; in 1820, 1342, of whom 126 were "free blacks" and 14 were slaves; in 1846, 2180; in 1875, 5936; in 1900, 12,861; and in 1915, 24,136. In 1790 the population of Harri- son was 1004, and that of White Plains, 505.
Incomplete as it is, this article would be more so, and the writer wholly lacking in appreciation, were not a reference made to the Rev. Charles W. Baird, who, while pastor at the Rye Presbyterian Church, in 1871, completed a history of that town. The book grew out of a discourse prepared by him in 1865, when the two hundredth anniversary of the organization of the town occurred. Dr. Baird has preserved to us and to those who will follow us a great part of the history of our beloved town, which otherwise would have been entirely lost. His book has been drawn upon copiously for material contained in the present volume. The hope is indulged that some one, before time's passing makes the difficulty great, will take up Dr. Baird's work where he left it off.
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The Courts
The courts of the State of New York now consist of the court for the trial of impeachments, the court of appeals, the court of claims, the appellate divi- sions of the supreme court, the appellate terms of the supreme court, the supreme court, the county courts, the surrogates' courts, and courts of justices of the peace, besides various other courts, inferior and local.
The following courts have ceased to exist:
Court of Assizes :- Established 1665; composed of governor, members of council, high sheriff, and such justices of the peace as might attend; original jurisdiction : all criminal matters, jury trials; civil cases twenty pounds and upwards; abolished 1683.
Court for the Correction of Errors and Appeals :- Established 1691; composed of governor and council; appeals from judgments exceeding one hundred pounds, increased, 1753, to three hundred pounds; if amount exceeded five hundred pounds, appeal allowed to King in Privy Council.
Court of Chancery :- Established 1683; governor or his appointee chancellor, assisted by council; continued 1691, expired 1698, revived 1701, sus- pended 1703, re-established 1704; unpopular because of delays and expense; reorganized 1788; abolished
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LIBERTY SQUARE, PORT CHESTER
about sixty years ago. On the left is shown the Bulkley homestead, while in the center is shown the site now occupied by the banking house of the Mutual Trust Company of Westchester County
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1846, when there were 188 masters and 168 examin- ers in chancery ; superseded by supreme court.
Court of Exchequer :- Established 1685, reor- ganized 1786, to be held by junior justice of the supreme court, or, in his absence, one other of puisne justices; fines, forfeiture, issues, amerce- ments, and debts due people of the State; abolished 1830.
Court of Admiralty :- Established by Dutch; civil law jurisdiction extending over New Jersey, Con- necticut, New York; 1678, authorized to appoint a judge and other officers; abolished 1789, and super- seded by U. S. District Courts.
Court for the Trial of Impeachments and the Cor- rection of Errors :- Authorized by Constitution 1777; trials for impeachment of State officers and correction of errors on appeals from court of chan- cery, supreme court, court of probate, and court of admiralty; abolished 1846, and superseded as to impeachment trials by court for trial of impeach- ments, and as to correction of errors by court of appeals.
Supreme Court of Judicature :- Originally estab- lished 1691, continued by proclamation 1699, and by ordnance 1699; continued through Colonial and State period; originally consisted of chief justice and two puisne justices; all cases, civil and criminal; previous to Revolution held quarterly sessions and judges performed a circuit through the counties, once annually, carrying special commission of oyer and terminer and general jail delivery, in which some
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of county justices were joined; abolished 1846 and superseded by supreme court.
Circuit Court :- Created 1821; abolished 1846.
Court of Oyer and Terminer :- Provided more speedy trials in capital offense cases; 1683 act com- posed court of one judge, assisted by four justices of the peace, and conferred additional jurisdiction; abolished 1691, but name retained for some time in supreme court to designate its criminal circuit.
General Term of the Supreme Court :- Chap. 408, laws 1870, divided State into four judicial departments, abrogated general terms then existing, and created new ones; appeals from supreme court; abolished 1896, and superseded by appellate division, supreme court.
Orphan Court :- In virtue of the prerogative, director-general and council of New Netherlands were guardians of widows and orphans; was duty, at first, of church deacons to attend more immediately to these interests; in New Amsterdam, 1653, burgo- masters became ex-officio orphan masters; special masters thereafter appointed with duties similar to surrogate; abolished 1664.
Prerogative Court :- Probate of wills, intestates' estates, and granting marriage licenses; 1692 all pro- bates and letters administration directed to be granted by governor or his delegate, and two free- holders in each town to have charge of intestates' estates; all wills in New York, Orange, Richmond, Westchester, and Kings Counties to be proved at New York; abolished 1778.
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The Final Sitting of the Westchester County Court of Sessions December 31, 1895, after an existence of 211 years
The photograph from which the picture is reproduced was taken just before the final adjournment of the court, and shows the interior of the county court room, which is still in existence. Portraits are shown of County Judge Isaac N. Mills, Justices of Sessions Edward B. Kear and Robert J. Bellew, Court Clerk M. James Mooney, Court Stenographer Harvey Husted, Court Crier James C. Campbell, Surrogate Theodore H. Silkman, County Clerk John M. Digney, Com- missioner of Jurors I. Howard Kinch, Deputy Commissioner of Jurors Harold Kinch, Librarian Frederick F. Miller, Counsellors William Porter Allen, Henry C. Henderson, David H. Hunt and Henry C. Griffin, Court Officers John C. Verplanck, Leonard Banks, Michael Matthews, George S. Merritt, Charles H. Flandreau and Edgar R. Riley, and Janitor Thomas Zimmerman.
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Court of Probates :- Act 1778, divested governor of power in prerogative court and transferred them to judge of court of probates, except in the appoint- ment of surrogate; 1787, surrogates in each county empowered to be appointed, judge of court of pro- bates holding jurisdiction in cases of decease out of State or of non-residents; appellate jurisdiction over surrogates' courts; abolished 1823. (See Appendix.)
Court of Common Pleas :- Established New York and Albany by charters 1686; erected in each county by act 1691; first composed of one judge with three justices; 1702, judge ordered assisted by two or more justices, sometimes five and even twelve at one time, all appointed by governor; causes above five pounds; after 1778 principal judge designated "first" judge; 1818, office of assistant judge abolished and number of judges, including "first" judge, limited to five; abolished 1846. (See Appendix.)
Court of Sessions of the Peace :- Held in three ridings of Yorkshire (West Chester, Long Island, Staten Island) by resident justices of the peace three times yearly; equity, probates, causes from five to twenty pounds; appeals to assizes; actions tried before jury seven men taken from overseers of different towns within riding; in capital cases jury of twelve. Act 1683 directed court held by three justices of the peace in twelve counties of the prov- ince; act 1691 and ordinance 1699, functions of court confined to criminal matters, civil cases being trans- ferred to common pleas court; Constitution 1846, county court organized in each county except New
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