USA > New York > Suffolk County > Southampton > The early history of Southampton, L. I., New York : with genealogies > Part 5
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" But a singular circumstance turned the locality and the future history of the projected immigration. When Joel Foster and Elias Reeves, arrived at Long Island, they found William Hopkins, an un- cle of Elias Reeves, and Abraham Foster on a visit from New Yersey. Hopkins was a son of the Hon. Stephen Hopkins, whose trembling hand stands so prominent among the signers of the Declaration. William Hopkins had been connected with the "Lesse Company," was acquainted with the Genesee country and saw its prospective importance. He
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HISTORY OF SOUTHAMPTON.
urged upon his friends the value of a God-fearing community. He told them of the colonies from New England, that they were descendants from the Pu- ritans, with principle and purpose congenial with their own. His arguments prevailed. The company relinquished the purpose of settling on the Ohio- and directed Elias Reeves and William Hopkins to pass by the northern route, beyond the military Tract, while Joel Foster, Abraham Foster, and Luther Sanford were to explore along the bounda- ries of Pennsylvania. The Fosters and Sanford started June, 1791, but found the country moun- tainous, and forbidding. Being carpenters, on con- sideration of good wages, they stopped at a place called Lindley town, and engaged in the erection of mills, leaving the work of exploration to Reeves and Hopkins, who, on the 20th of August, 1791, left Long Island with their rifles and knapsacks, came by water to Albany-then on foot, following the Indian trails to Geneva,-thence to town "' No. 12," [after- wards called Swifttown-then Tolland-and finally, Palmyra.] These valleys were well watered. The height and strength of the trees were an exponent of the depth and richness of the soil. They resolved to try the effect of hard work and honest principles upon a region more luxuriant than that from which they came. Upon the tall maples and the sturdy oaks, they placed their names as a pre-emption mark. This done, Hopkins and Reeves made their way across the state to the Pennsylvania line, where they found Joel Foster, Abraham Foster and Lu her Sanford. There they drew and signed the following bond :
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COLONIES.
" This instrument of writing witnesseth, that Wm. Hopkins, of the State of New Jersey, Elias Reeves, Joel Foster, Abraham Foster and Luther Sanford, all of the State of New York, do agree and bind themselves severally each to the other, un- der the penalty of fifty pounds, to abide by and make good any purchase of land which Elias Reeves and Abraham Foster shall make of Oliver Phelps, Esq., or any other person, within twenty days from
the date hereof. The proportion of land which each of us shall have is to be concluded among ourselves hereafter. In witness of all which we have hereunto set our hands and seals in Ontario County, State of New York, this ninth day of September, in the year of our Lord one thousand seven hundred and ninety one.
WILLIAM HOPKINS, ELIAS REEVES, JOEL FOSTER, ABRAHAM FOSTER, LUTHER SANFORD."
After concluding this engagement, all, save Elias Reeves and Abraham Foster, returned to the Island. These made their way back to "No. 12," stopping at the house of one Crittenden, residing in the " Old Castle," at Geneva. From him they received a peck of apples, the fruit of the old Indian Or- chard, as a present to John Swift. [Swift was the " first pioneer " in Palmyra, and had bought the land of the town, though it was not then entirely paid for.] When they arrived they were offered some of the apples. They craved only the seeds, 11
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HISTORY OF SOUTHAMPTON.
and proceeding to a beautiful bluff on the farm now owned by Gen. Lyman Reeves, they planted them, which proved the first bearing orchard west of Gen- eva. Having selected their lands, they contracted with Phelps at Canandaigua, for five thousand five hundred acres, for eleven hundred pounds, New York currency, one hundred of which they paid down. It will be noticed this was in September, 1791. The Durfee family had not yet arrived. As Swift could not meet his engagements, his title was doubtful. Hence, Reeves and Foster, to make the thing sure, treated with Phelps and Gorham direct- ly. But when Gideon and Edward Durfee arrived, his hard money met the hard times, and Swift was enabled to pay his notes, and received a genuine title to the town. Hence we find the Long Island Company the next year taking their deed from John Swift.
" Having viewed the land, the spies returned, bringing back, all of them, like Caleb and Joshua, a good report. This enterprise was not a failure. The coming winter, Joel Foster built a sail boat, Cyrus Foster making the nails, and launched it on Heddy Creek, near Southampton. After a well- spent Sabbath, on Monday morning the 4th of April, 1792, the first colony, from Long Island, embarked on their voyage of nearly five hundred miles. They sailed through the sound # to New York, then to Al- bany : from Albany they transported their boat by land 16 miles to Schenectady-with " setting poles"
* Incorrect-they went by the bays along the south shore of the Island·
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COLONIES.
pushed the boat up the Mohawk to Rome. There the boat was taken from the Mohawk and conveyed by land something less than a mile, to Wood creek, thence floating down to Oneida Lake-through the lake and the outlet they came to Oswego River ; thence into Seneca River-through that to Clyde River-from Clyde River through Mud Creek to Saw-mill Creek, landing near the present residence of Hiram Foster. The whole voyage occupied twenty-eight days. Mrs. Joel Foster brought in her arms her eldest son, Harry Foster, then an infant of eleven months.
" The way now being open, the same old hive sent out repeated swarms of working bees. The Clarks, Posts, Howells, Jaggers, Culvers, Jessups, and many others followed. 'The wilderness and the solitary place were glad for them' This old boat did good service in going and returning, with other companies, as they arrived from Long Island at Schenectady. It was finally conveyed around to Seneca Lake, and used as a pleasure boat. Truly a noble craft ! I would go as far to see that old boat as the ship in which Dr. Kane penetrated the frozen North."
Besides this colony others removed to Seneca Co. N. Y., and still others to Susquehanna Co., Pa., about the beginning of this century. Among the latter was the Hon. William Jessup of Montrose, who beginning his career in his new home, rose to emi- nence and obtained a name honored widely both in church and state.
Upon the discovery of gold in California, of course for a people who had lived like the Kings of
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HISTORY OF SOUTHAMPTON.
the north upon the sea, (but not like them by plun- der) and engaged in the perilous enterprise of whale fishery, who had circumnavigated the world, a trip to the mines of the modern Ophir was a trifling matter. Consequently, besides a large company who purchased a ship, and in the winter of 1849-50, set sail from Greenport for San Francisco, others fol- lowed in their footsteps from time to time, some of whom found them a home and some unhappily a grave.
SOLDIE .. S IN THE SLAVEHOLDERS REBELLION.
The repeated demand for men to fill the armies and sustain the cause of freedom during the war of the Slaveholders Rebellion, from 1861 to 1865, were met in a patriotic spirit by the people of Southamp- ton. Her quotas were always promptly filled, either by her own sons or by substitutes which her wealth procured, as was customary throughout the country. The following list, it is believed, includes nearly all who enlisted in the defense of the government.
Robert Benedict, 81st N. Y. V., wounded in leg. Returned.
Charles Brown, son of Sidney Brown. 127th N. Y. V., killed in South Carolina.
Charles Brown.
Robert Ellsworth. Returned.
James Foster, 2d N. Y. Cav., died at Anderson- ville prison.
Charles Goodall, died July 17, 1862, in hospital at David's Island.
SOLDIERS IN THE SLAVEHOLDERS REBELLION. 85
James Goodall, died August 29, 1864, at Atlanta, Ga.
James M. Green, 2d N. Y. Cav. Returned.
James Green, 2d N. Y. Cav. Returned.
Charles Halsey, wounded, 81st N. Y. V. Returned.
Silas Halsey, killed Dec. 9th, 1864, at Boyd's Landing, S. C.
Allen Hildreth.
Isaac W. Hildreth. Returned.
John H. Howell, 2d N. Y. Cav. Returned.
Benjamin Huntting, wounded in arm. Returned.
Oscar Jagger, 81st N. Y. V. Returned.
Hiram Jennings, killed at Nashville, Tenn.
Edwin Lang, wounded in leg. Returned.
James H. Post, 127th N. Y. V., died May 18th, 1862, aged 22 years and 11 months.
Frederic Rose, 127th N. Y. V. Returned.
James H. Sayre, 81st N. Y. V., died at Upton Hill, Va., Nov. 24, 1862.
Matthew H. Sayre, 127th, N. Y. V. died at Up- ton Hill, Va., Feb. 11, 1863, age 20.
Hampton Squires, a short time prisoner at An- dersonville. Returned.
George W. Ware, 2d N. Y. Cav., died.
Timothy Warren, 127th N. Y. V. Returned.
Hubert White, 2d N. Y. Cav., discharged and returned.
William Wick, killed in Battle.
John Walker, (colored) died or killed. William F. Williams (colored). Returned.
August. Returned.
James Barclay, 6th N. Y. Cav. Returned.
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HISTORY OF SOUTHAMPTON.
Daniel F. Beebe, 127th N. Y. V., died April 17, 1864, aged 22 years.
W. H. Collet.
Joshua Ellison. Returned.
James Kane, U. S. Navy, died in Hospital, N.Y. Dec. 1864.
Frederick Wadley, 6th N. Y. Cav. Returned. Henry Squires.
CHAPTER VI.
CIVIL LAWS-COURTS-DECREES OF COURTS.
WE have seen before how the jealous care for the liberties of the people resulted in the institution of the General Courts, the fundamental idea of which was, that the people being the fountain of power, should be invested with it. We have also seen that for the government of the colony they enacted a code of laws founded on those of the Jewish Law- giver. Besides these are found occasional regula- tions for temporary purposes scattered through the Records. And when the union with Connecticut occurred, they accepted its code of laws also, so far as they did not interfere with their own. Again when the Island came under the jurisdiction of New York, in 1664, they received a copy of laws from Gov. Andross, which, of course, superseded all the former. 1
Of course the execution of their laws must be committed into the hands of proper officers. The first of these were two, and afterwards three magis- trates chosen annually. A record defining their functions is found, dated Jan. 2, 1641, as follows :
"The magistrates shall govern according to the laws now established and to be established by General Courts hereafter. They and either of them shall
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HISTORY OF SOUTHAMPTON.
be able to send out warrants to any officer to fetch any delinquent before them, and examine the cause and to take order by sureties or safe custody for his or their appearance at court. And further to pre- vent the offenders lying in prison, it shall be lawful for the Magistrates or either of them to see execu- tion done upon any offenders for any crime that is not capital according to the laws that [are] estab- lished or to be established in this place."
The first magistrates elected were Edward How- ell, Thomas Topping and John Gosmer. The first town meeting on record was held April 6, 1641.
By an order of the General Court, Dec. 22, 1644, four quarter courts were to be held annually, com- mencing on the first Tuesdays in March and June, the third Tuesday in September, and the fourth Tuesday in December. These were probably the Magistrates' Courts. At the same time it was or- dered to hold an annual General Court on the first Tuesday of October for election of town officers.
For many years this was the county seat of Suf- folk County, and of course county courts were held here concerning which the town records are silent.
TOWNSMEN.
The office of "Townsmen" appears to differ from the Magistracy. Their duties embraced those that are now divided between the supervisor and as- sessors, as will be seen from the following :
" Feb. 4th, 1664. John Jessup, Edward Howell and Henry Pierson were chosen Townsmen until ye 6th of October next. During uh time they have given them, and are by the Towne authorized to
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CIVIL LAWS.
make any rate or Levvy they shall see necessary, to use all lawfull means they shall see meet for getting in the debts due from any pson or psons unto the Towne, to make any law or order (yt contradicts not some former order made by the Towne) concerning fences or any other publique occasion, and to doe or act any- thing uh in theire judgments may conduce to the Towne's advantage. And whatsoever they shall act or transact as afforesaid ye Towne doe ratify & con- firme and shall observe. Moreover the said select men setting up theire order or orders on the Meeting house poste at ye beat of the drum the same shall bee, and be accompted sufficient and laufull pub- lishmt thereof. Ye Towne beeing to defray ye cost ye said 3 men shall be at in ye premises."
The mere insertion of the orders and decrees of the General Court, while it preserves the records that are yearly growing more elligible, also, perhaps depicts more vividly than a narrative could possibly do the surrounding circumstances of our founders. No other apology is therefore needed for the follow- ing extracts :
FREEMEN.
"South on the 8th of the 8th month, 1647. It is ordered by this general Court that if any man be chosen to be freeman of this towne shall refuse it shall pay fortie shilling for his fine.
"Imprimous, at his instance General Court, that Richard Odell gentleman was chosen freeman and Edward Joanes Josiah Strambro and John White.
"It it ordered this 7 day of October 1648 by the 12
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HISTORY OF SOUTHAMPTON.
Generall Coort that Mr. Richard Smyth, Mr. Wil- liam Browne John Howell weir chosen Freemen of this towne of Southampton.
" This 15 day of June 1649 Mr. Thurston Ray- ner is chosen ffreeman of this towne of Southamp- ton at the generall Coort by the freemen.
"It is ordered uppon the 6th day of March 1649 by the generall Court that William Rogers is chosen freeman of the towne of Southampton.
" It is ordered uppon the 31st day of March 1650 by the generall courte that Mr. Thomas Topping & Mr. John Ogden were chosen freemen of this towne of Southampton aforesayde.
" 1652 October 6 Mr. Alexander ffeild, Christo- pher ffeild, Thomas Goldsmith and John Cooper Jun. were all and every of them chosen ffreemen of this Towne."
TRAINING.
Jan. 1642 Ordered by the General Court that the " Company of the Towne of Southampton shall be trayned sixe tymes in the yeare." All men from 16 years old upwards to bear arms unless licensed to the contrary, and if absent upon the calling of the roll to be fined two shillings. Traynings are to beginn at seaven of the clock in the morning from the first of March to the last of September, then from the last of September to the first of March to beginn at eight of the clock in the morning."
" Oct. 9, 1642. It is ordered that every man in this towne that beareth armes shall watch and ward and come to traynings in their coats.
"Oct. 9, 1642. It is ordered that whosoever
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shall be found sleeping after he hath taken the charge of the watch shall be liable to the censure of 4 lashes of the whippe by the Marshall or else forthwith to pay 10 shillings."
MEASURES FOR THE SAFETY OF THE TOWN.
" MAY 4, 1657."
"It is ordered by the seven men empowered to devise and take means to preserve the town-that one half of the Inhabitants of this town shall keep centinell or ward in the town according as they shall be disposed by officers for that purpose for one day-and the other half of the Inhabitants shall have liberty to goe about their planting or occations, provided they goe together and work soe neere to- gether that in the judgment of those appoynted by a centinell, the company that soe goe forth may come together before any danger in respect of assault, as came upon them the other day, and so successively untill further order in this respect. And all those that soe goe forth are to have their armes with them, & it is left to Sergeant Post te see to and effect the aforesaid order.
" It is further ordered that ye letting off of one gun shall be sufficient Allarum in the night, and if there be any allarum in the night, then all Inhabitants from ye North End of ye town to Thos. Sayres " shall repaire to about Mr. Gosmer's : + all south- ward of Thos. Sayres unto ye lane by Richard Bar-
* Thos. Sayre lived where is yet the homestead of his descendant, Wm. N. Sayre, M. D.
t The homestead of Chas. Pelletreau, deceased-now of Wm. S. elletreau, Esq.
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HISTORY OF SOUTHAMPTON.
retts # shall repaire to the Meeting Houset : and all from thence to the south end of the Town to repaire to about Thos. Halsey Senior his house } :- none to make a wilfull false allarum upon penalty of being whipped. And in case there be an allarum and a man hearing it yet appeareth not to his appoynted place, as aforesaid, shall forfeit to the town the some of 5 shillings.
" Jan. 30, 1667. It is ordered by the Constable and overseers together with the inhabitants of the Towne that if any pson soever shall psume to make any ffalse alarum shall for his or there Default pay twenty shillings or be severely whipt, and that noe pson pretend Ignorance.
" It is concluded that one Gunne being ffired of in the night after ye watch is set shall be accompted an Allarum : Likewise three being sudenly ffired one after another in ye day ; and all psons are here- by required to be very carcumspect herein upon there utmost perill ; Also that if any upon the watch shall at any tyme hereafter bee by such psons as are upon oath hereunto appointed, found sleeping or any way careless shall pay unto the publick 20 shillings for any default. As witnesseth our hands."
LAND ALLOTTED.
"October 13, 1643. Thomas Burnett hath a lott
* Toilsome Lane.
t The church was on what is now the homestead of Mr. Edwin Post.
# This was probably (for this and other reasons) on Horse-mill lane, which ran from the main street to the town pond, and was about 30 or 40 rods south of the residence of Mr. Francis Cook.
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CIVIL LAWS.
graunted unto him one the Southeast side upon Con- dition that hee staye three years in the Towne to im- prove it.
" May 6, 1648. It is ordered that Thomas Rob- binson be accepted as an inhabitant & hath a fifty pound lot granted vnto him provided the said Thomas be not vnder any scandallous crime uh may be layd to his charge within 6 moneths after date hereafter & that he cary himself here as becometh an honest man.
"It is ffurther ordered that Samuel Dayton shall be accepted an inhabitant & hath a fifty pound lot granted unto him provided the said Samuell (being a stranger to vs) weare of good aprobation in ye place where he last lived at flush- ing & do demeane himselfe well heare for ye time of aprobation namely six months next to come.
"May 12, 1648, Robert Marden alias Marvin (else- where called Merwin) granted a £100 lot upon 3 months aprobation had of him.
" Dec. 10, 1678. The Town give unto Christo- pher ffowler tenn accres of land in some convenient vacant place about or neare the land granted to Mr. John Laughton for his brother Josiah at the discre- tion of the layers out : he the said Christopher con- tinuing upon it seaven yeares and improving it."
This is the first mention in the Records of the Fowler family.
" Jan. 25, 1655. It is ordered that noe Inhabitant within the boundes of this Towne shall sell his house and Land or any part thereof unto any pson yt is a forrainer at any time hence forward except the pson bee such as the Towne doe like of."
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HISTORY OF SOUTHAMPTON.
VOTING ENFORCED.
" October 13, 1643. It is ordered that whatso- ever matters or Orders shall be referred to the pub- lick vote euery man that is then and there prsent and a Member of the Courte shall give his vote and suffrage eyther against or ffor any such matters and not in any Case to be a neuter."
LYING.
" March 16, 1654 (N. S.) It is ordered that if any person above the age of fourteene shall be con- victed of lying, by two sufficient witnesses such person soe offending shall pay 5s for every such de- fault : and if hee have not to paye hee shall cit in the stox 5 hours."
DRUNKENNESS.
" March 16, 1654 (N. S.) It is ordered that for preventing of evill which is subject to fall out by reason of excessive drinking of strong drink, that whosoever shall be convicted of drunkenness shall for the first time pay 16s the second time 20s, the third time 30s."
LICENSE LAW.
" March 3, 1653. It is ordered that whereas Thos. Goldsmith is prevailed with by the towne to keep an ordinary in this towne-there is no person shall retaile any liquors or wines, or strong drink within the bounds of this plantation but hee the said Thomas Goldsmith upon penalty of ten shil- lings per quart.
" Jan. 25, 1655. At a Generall Court Jan. 25, 1655. To prevent abuses by drinking liquor : It is
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DECREES OF COURTS.
ordered that noe liquor whatsoever that is distilled shall bee sould within the limitts of this towne by any but by our neighbour. John Cooper who shall have liberty to sell to the people, as necessity or oc- casion in his judgment requires, whom this court did intrust that the bounds of moderation and so- briety bee not exceeded by any in his presence or at his house. And that hee will carefully observe the quantities hee doth sell to any out of his house yt soe hec may prevent this great disorder at present in respect of the Indians, theire having liquor and abusing themselves therewith, and that to his best skill or understanding hee may prevent any from buying liquor from him that will or may sell to the Indians. And as for himself he will willingly de- pose that directly or indirectly hee will not sell nor put to be sould any such said liquors unto any In- dian or Indians. Alsoe it is ordered, that if any doe bring in such liquors within the bounds of this towne and sell them to any but unto him the said John Cooper, or put them ashore, excepting only case of necessity, such said liquors shall be forfeit one half to him that seizeth them and the other half to the towne. Alsoe it is concluded that hee ye said John Cooper, shall not exceed the quantity of nine Ankers # by the yeare to sell to the Inhab- itants of all the towne and the price thereof to be reasonable. And the North Sea men finding a man that shall ingage as the said John Cooper doth, they shall have the allowance alsoe of three Ankers by the yeare and not to exceed. And if any defect be
* Anker, a Dutch measure of 10 gallons.
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HISTORY OF SOUTHAMPTON.
in this aforesaid order soe that it reach not the end, the Magistrates have power to supply any deficiency herein according to their discretion."
VARIOUS ORDERS.
" 1652. At a Towne Meeting Oct. 15, 1652, Isack Willman in a passionate manner said that some of them that voated for the raising of the Mill knew not more what belonged to the sea-poose than a dogg. A note appended says 'hee hath made satisfaction.'
" 1653, March 3. At a generall Co'rt Edmund Shaw was censured for his excess in drinking to pay unto the towne the some of ten shillings the same to be exacted at the discretion of the Magistrates according to his future behavior.
" Same date. Thomas Saire and Joshua Barnes for speaking unseemly and unsavory words in the co'rt or concerning the co'rt were fined to pay 10s a peece.
" 1648, Oct. 4. Thomas Sayre was paid for his basse drumme the some of 13s. 8d. his yeare begin- neth the said daye.
"1648. The 14th daye of November, ordered that there shall hereby be provided a sufficient payre of Stokes, John White having undertaken to make them.
" 1651. Sarah Beabe wife of Thomas Beabe was at the quarter Court held upon the 4th day of June, 1651 sentenced by the Magistrates for exorbitant words of imprecation to stand with her tongue in a cleft stick soe long as the offender committed is read and declared.
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ORDERS OF COURTS.
" 1651. At a generall Court held the 13th day of August 1651, it is ordered, Yf any person or persons be found or it can be proved that by them any fruit be stolen or taken away off from any man's, land or ground, yf the person or persons be under the age of sixteen years of age, the parents of the said child or children shall severelly correct them by whipping of them and that to be done before some sufficient spectator : yf the parent or parents of the said child or children doe refuse soe to doe, then the said person or persons to be corrected before the Magistrates and the parents for their neglect of the children to undergoe such penalty as the magistrates shall lay upon them ; as alsoe the offending parties shall pay for the fruits stolen, and by them, double of the value of the fruit shall be paid to the owner of said fruits, and one sufficient witness shall serve for conviction.
"Sept. 22, 1658. It is ordered by Gen. Court that Mary Cloave shall live no longer wandering to and fro from house to house, but that shee shall live again in a place, Except she change her condition by marriage .- (Query : was she sentenced previously to a vagabond life for some indiscretion, and this the remission of the sentence ?)
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