The natural, statistical, and civil history of the state of New-York, v. 2, Part 28

Author: Macauley, James
Publication date: 1829
Publisher: New York, Gould & Banks; Albany, W. Gould and co.
Number of Pages: 960


USA > New York > The natural, statistical, and civil history of the state of New-York, v. 2 > Part 28


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The extent of the towns in the English territory, and of the Eng- lish towns in the Dutch territory, was regulated by the extent of their Indian purchases. The extent of the Dutch towns was pro- bably regulated by the extent of their grants from the governor.


In the Dutch towns it seems that the lands were generally pur- chased by the governor, and were by him granted to individuals. In the English towns in the Dutch territory, the, lands were gene- . rally purchased of the natives by the settlers, with the consent of the Dutch governor; and in the towns under the English, the lands were purchased of the natives by the settlers, originally with the consent of the agent of the Earl of Stirling ; and, after his death, the purchases of the Indians were made by the people of the seve- ral towns for their common benefit.


In cases of grants to companies by the Dutch governor, the lands were divided by lot ; and in all cases of purchase, the rights of in- dividuals were deemed to be in proportion to their contribution to the purchase, or to the patent by which it was confirmed.


A single family of French protestants seems to have settled on the island in the vicinity of New-York, as early as 1625.


In 1641 the Dutch governor and council, in order to strengthen Wood's Sketch of Long Island, pp. 7, 8, 9, & 10,


321


STATE OF NEW-YORK.


their claim to the island, consented that the English should settle there under their jurisdiction, on taking the oath of allegiance to the States' General, and the Dutch West India company.


The town of Gravesend, in Kings county, and the several tovns of Hempstead, Flushing, Jamaica, and Newtown, in Queens corn- ty, were originally settled by Englishmen on these conditions. The other towns in Kings county were settled by the Dutch, and all the other towns on the island were settled under the English.


The first settlement under the Englishi was made by Lyon Gar- diner, on Gardiner's Island, in 1639, under a purchase made by him of the natives, which was confirmed by James Farret, agent of the Earl of Stirling, io 1640.


In October, 1640, the people of Southold commenced a settle- ment on a tract of land which had been purchased of the natives by the government of New-Haven.


In May, 1640, the English attempted to make a settlement on a tract of land on the east side of Great Neck, or on the west side of Cow Neck, in the town of North Hempstead, on the north side of the island, which had been purchased of the natives by Daniel How, under an agreement with the agent of the Earl of Stirling ; but were prevented by Kieft, the Dutch governor, and the settlers removed to Southampton, purchased a tract of land of the natives, and com- menced a settlement there in December, 1640, which was the foun dation of that town.


Of the order in which the several towns on the Island were settl


The time of the settlement of the English towns, is to be coll ed from the dates of their respective purchases of the natives, - that of the Dutch towns from the grants of the governor, or m the original records of their respective proceedings. From ese it appears that the first settlement of the several towns on the and was commenced at or near the time, and in the order followif :


Brooklyn - 1635


.


Flatlands, originally Amersfort


1636


Gardiner's Island - -


163 - Southold - -


-


Wood's Sketch of Long Island, pp. 9, 10, & 13.


VOL. If. 42


1


322


HISTORY OF THE


Southampton -


1640°


Hempstead


-


-


1644


Gravesend


1645


Flushing, originally Vlusshingen


16.45


a


East Hampton -


-


-


1648


Flatbush, originally Midwout


1651


Shelter Island


1652


Huntington


-


-


-


-


1653


Oysterbay


-


1653


Brookhaven


. 1655


Newtown, originally Middleburgh


1655


Jamaica, originally Rutsdorpe


1656


New Utrecht -


1657


Bushwick


-


'-


1660


Smithtown -


1663


Islip -


1666f


The lands in the several towns in Kings county were purchased by the Dutch governor, or with his consent, and it is presumed wholly of the Canarse tribe of Indians.


Jamaica was purchased of the Canarse and Rockaway tribes.


Newtown was principally purchased of the Rockaway Indians.


Flushing was purchased by the Dutch governor, it is believed of the Matinecoc tribe of Indians.


Oysterbay was purchased of the Matinecocs.


Hempstead was purchased [of the Rockaway, Merikoke, and Marsapeague tribes.


Huntington was purchased of the Matinecoc, Marsapeague, and cataug tribe.


Smithtown was, by the Montauk sachem, Wyandance, given to


Although a few settlements were first; made by individuals in the Dth territories, it was some years before the number was sufficient to regre any political organization. Brooklyn, the largest of the Dutch villaes, did not choose regular magistrates till 1646, though some kind of auhority was established there before.


Lt Sone confusion exists in the dates of this period, and an event muy pe,taken place a year before, or a year after it is stated to have hap-


but the error in time can rarely exceed a year.


Wood's Sketch of Long Island, pp. 13 & 14.


.


-


-


-


-


1


-


STATE OF NEW-YORK.


1. 323


Lyon Gardiner, who sold it to Richard Smith, to whom it was con- firmed by the Nissaquague sachem.


Brookhaven was purchased of the Satauket and Patchogue tribes.


Southold was purchased of the Corchaugs.


Islip was purchased of the Secataugs. ,


Southampton was purchased of the Shinecoc tribe.


Easthampton was purchased of the Shinecoc, Corchaug, Man- hasset, and Montauk tribes.


Shelter Island was purchased of the Manhasset tribe.


Of Trade.


On the first settlement of the island the surplus 'produce was wanted by the new settlers; during this period they had little trade but among themselves, money was very scarce, contracts were made in produce, and business was carried on by barter and exchanges ; contracts for the sale of land, as well as others, were made in pro- duce.


In 1658 the town of Hempstead agreed to pay the herdsmen who attended their cattle, twenty shillings sterling a week, payable in butter, wheat, corn, and oats, at stipulated prices.


In 1659 the same town allowed six bushels of corn for killing a wolf. 1


In 1659 the town of Easthampton agreed to give Thomas James, their Minister, £ 60 a year, "in such pay as men raise, as it passes from man to man."


In 1663 the town of Jamaica contracted with Zachariah Walker, their Minister, to give him £ 60 a year, payable in wheat and corn, at fixed prices.


In 1664 the town of Gravesend contracted to give a man and his assistant six hundred guilders to guard their cattle that run at large · during the summer season, to be paid in "bacon and corn."


In 1670 the people of Newtown agreed to give forty shillings a piece towards erecting a meeting-house, to be paid " half in corn, and half in cattle."


In 1686 the town of Huntington contracted with a carpenter to


Wood's Sketch of Long Island, pp. 14, & 15.


324


HISTORY OF THE'


make an addition to their meeting-house, to be paid in produce, at stipulated prices.


· In 1680 the town of Southampton agreed to give Joseph Taylor, their Minister, the use of the parsonage, four acres in their ox pas- ture, one-fiftieth in the commonage, and one hundred acres woods. Also a yearly salary of one hundred pounds, payable in winter wheat at five shillings a bushel, summer wheat four shillings a bushel, In- dian corn at two shillings and sixpence a bushel, tallow at sixpence . per pound, green hides at threepence, dry hides at sixpence per pound, beef at forty shillings the barrel, pork at three pounds ten shillings the barrel, or three pence the pound, and oil at thirty shil- lings the barrel ; to be collected by the constable and overseers, or by men to be appointed by them.


In 1682 the town of Hempstead agreed to give Jeremiah Ho- bart, their Minister, the use of the parsonage and three or four acres of land, the use of the common for bis cattle, and to give him one hundred acres of land where he chose to take it up, and a yearly salary of sixty-six pounds fourteen shillings, payable in corn and cattle.


Debts were discharged, executions satisfied, and rates paid in produce. The rate at which produce was taken in payment of debts, was the price which the merchants gave for the like articles at the time.


In 1654 the magistrates of Easthampton ordered that the town rates should be paid in wheat at four shillings and sixpence per bushel, and Indian corn at three shillings and sixpence."


In 1665 the town court of Jamaica, in an action of trespass, gave judgment in favor of the plaintiff for twelve bushels and an half of wheat for his damages.


In 1679 the town court of Huntington gave judgment that the defendant should pay the debt demanded, in "good merchantable pay, at the current price."


In 1680 the same court gave judgment for the debt, and the cor- stable sold a house and lot or execution, for ten pounds ten shil- lings, to be paid " in merchantable pay, at the current price."


Executions, issuing out of the court of sessions, were also levied


Wood's Sketch of Long Island, pp. 15. 8. 16.


325


STATE OF NEW-YORK.


in produce, but it was appraised by indifferent men chosen by the parties, or appointed by the sheriff, when it was delivered to the plaintiff in satisfaction of his judgment.


The prices of produce receivable for county rates, were gene- rally fixed by the governor and court of assize, but were sometimes submitted to the court of sessions, subject to the revision and ap- probation of the governor.


In 1665 the assessors of the several towns were ordered by law to estimate stock at the following rates :


A horse or mare, 4 years old, and upward


£12 0.0


Do do 3 and 4 8 0 0


Do do 2 and 3


4 00 Do do 1 and 2 3 0 0


An ox or bull, four years old, and upward -


6 0 -0


A cow four years old, and upward


5


0 0


A steer and heifer between 3 and 4


Do do , 2 and 3


Do do


1 and 2


1 '10 0


. A goat, one year old -


0 8 0


A sheep, do


0 .6 8


A swine, do


100


In 1679, the prices fixed at which produce should be received for county rates were as follows :


Pork -


-


£ 0 0 3 per pound.


Beef


0 0 2 do.


Winter wheat -


0 4 0 per bushel.


Summer do. -


0 3 6 do.


Rye, -


-


0 2 6 do.


Indian corn


Oil


1 10 0 per barrel. 0 2 3 do.


. In 1687, the prices of produce receivable for taxes were as fol- lows :


Pork -


-


£ 3 10 0 per barrel, or 3d per lb.


Beef -


1 10 0 do 2d.


Wheat


0 5 0 per bushel.


Indian corn


-


2 6 do.


Tallow -


-


0 0 6 per lb.


Wood's Sketch of Long Island, pp. 16.


1


4 0 0


2 10 0


326


HISTORY OF THE


Dry hides


-


0 0 4 do.


Green


0 0 2 do.


Contract prices of various articles, from 1655 to 1687.


Pork


-


£0 0 31b.


Beef


-


0 0 2 do.


Wheat,


from


0 4 0 per bushel, to 5s.


Rye


0


3


6 do.


Corn


-


-


0


2


6


do.


Oats


-


0 2 0


do.


Butter


-


0 0


6 1b. -


Tallow


0


0 6 do.


Hogs fat


-


0 0 6 do.


Board -


0 5


0 per week.


* Victuals


0


0


6 per meal.


. Lodging


0 0 2 per night.


Beer


-


0


0


2 per mug. '


Pasture


-


0


O for a day and night. 1


Labour


0


2 6 per day.


The practice of paying in produce continued until about the year 1700; when trade had rendered money plenty, and introduced it into general circulation.


Of the Character of the first Settlers in the several English towns on Long Island.


· The English towns on the Island, both on the Dutch and English territories, were settled by companies of individuals, the most of whom, had first landed in some part of New England ; but had . remained there only a short time, little longer in some instances, than was necessary to select a proper place for a permanent resi- dence, and to form themselves into associations, adequate to the commencement of new settlements.


The first settlers of Southold, remained a short time at New Haven. Those of Southampton, and Easthampton, were some time at Lynn. The people of Hempstead had made a short stay,


Wood's Sketch of Long Island, p. 17.


1


327


STATE OF NEW-YORK.


first at Weathersfield, and again at Stamford, before they fixed themselves in those respective towns.


The first settlers of Easthampton, came from Maidstone, in Kent. The first settlers of Southampton, and of Hempstead, were pro- bably the most of them from Yorkshire ; and the first settlers of most of the other towns, seem to have been collections, composed of individual from almost every part of England.


These companies, in most of the towns, consisted at first of only a few families.


The first settlement of Easthampton, was commenced by nine families ; of Southampton, by fourteen ; of Huntington, by eleven ; and of Oysterbay, by ten ; but in all these cases, the "company in advance, was immediately followed by others, and the settlements increased by the constant accession of new comers.


Many of the first settlers in the several towns on the Island, were well educated, and sensible men-they had sustained a good stand- ing in society, and left reputable connections in England.


The early records, and public documents of the several towns, evince that the leading men among them, had a correct knowledge of the laws, and constitution of England, and were well acquainted with public business.


They left England during the turbulent times, in the reign of


* In 1657, in Southampton there were 75 who bore arms in the Militia; and drew powder from the magazine, on an alarm created by the hostile acts of the Montauk Indians.


In 1659, in Hempstead there were 62 heads of families who contracted. with the herdsmen to attend their cattle.


In 1584, in Huntington there was 84 enrolled on the assessment list, the chief of whom, probably were heads of families.


In 1680, in Oyster bay there were 41 freeholders, who shared in the second division of the lands in that town.


September 17th, 1673, the number required to take the oath of allegi- ance to the newly established Dutch Government under Anthony Colve, was as follows :


Jamaica .68, Flushing 67, Brooklyn 81, Fletlands 48, Flatbush 78, Utrecht 41, Gravesend 31, Bushwick 35, Newtown 99, Hempstead 107.


Wood's Sketch of Long Island, p. 18.


328


HISTORY OF THE


Charles the first; when both civil and religious libirty, were pros- trated by the illegal and tyrannical extension of the royal preroga- tive, and by the intolerence of the established church, supported the one by the star chamber, and the other by the high commis- sioned court, before the abolition of these engines of arbitrary power.


They fled from tyranny and oppression, and were ardently de- voted to the cause of civil liberty, and zealous for the purity and simplicity of the Protestant religion-they were zealous of their rights, and resolute in their defence.


Of the Civil and Political condition of the several towns in the English Territory, before the conquest.


The several towns in the English territory, were not under the control of any colonial government, nor had they any political con- . nection with each other. Being too remote from the mother coun- try, to derive any aid from thence, and 'without connections here, the whole powers of government devolved on the inhabitants of cach town. Self-preservation rendered it absolutely necessary, that they should assume the exercise of these powers, until a change in their condition should supercede the necessity of it.


Thus, each town at its first settlement was a pure democracy, the people of each town exercised the sovereign power. All ques- tions were determined by the voice of the major part of the people, assembled in town meeting. In this manner they formed such laws and regulations, as, they judged necessary for the security, peace and prosperity of their infant settlements.


The people of Southampton, previous to their settlement, enter- ed into a social contract with each other, to be governed by such laws, and orders, as should be made by the vote of the major par. of the inhabitants; and to support, and maintain the authority of the magistrates, in executing such laws, and orders, as should be in force among them.


The greater part of their laws, resolutions, and orders, were


Wood's Sketch of Long Island, pp. 18, & 19.


-


· 329


STATE OF NEW-YORK.


framed by themselves, in their respective town meetings-they comprised such provisions as were required by their peculiar situation, and such as are necessary to the well being of every society.


The first class of acts, relate to the division of their lands-the enclosure of common fields for cultivation and pasture-to regula- tions respecting fences, highways, and watering places-respecting cattle, sheep, and horses, that run at large, and in the common fields ; and respecting the destruction of wild beasts.


The second class of acts made provision for the public defence -for the collection of taxes-for the education of youth-for the preservation of good morals-for the support of religion ; and for the suppression and punishment of crimes, and offences. 1.


One of the first measures adopted in every town; was to require every man to provide himself with arms and amunition; and to assemble at an appointed place, when warned, under a penalty, for neglect in any of these respects.


In several of the towns, the first settlers erected a small fort, or block house, for their security. These precautions were probably taken to guard against the Dutch, as well as the Indians, at least in the western towns.


The men capable of bearing arms in every town, were organized. into companies, under proper officers ; and were required to meet at stated times, for inspection and exercise.


In 1642, the Military Company of Southampton was required to meet six or eight times a year, for these purposes.


The public expenses were defrayed by a tax, the amount of which, was fixed by a vote of the people in a general town meet- ing; and the rates were made and gathered by persons chosen for that purpose.


The more effectually to preserve the purity of the public moral, they excluded from their society such as they judged would be likely to injure them.


The lands were purchased and held by the first settlers and they could dispose of them to whom they pleased. This power was an


Wood's Sketch of Long Island, pp. 20, & 91.


VOL. 11.


43 -


1


. 330


HISTORY OF THE


important engine in their hands, for the preservation of good morals ; and it seems to have been efficiently employed for that purpose.


. In the year 1651, the town of Easthampton ordered that a lot should not be laid out for a certain individual, and that he should not stay in the town. 1


In 1662, the people of Huntington, by a vote of the town meet- ing, appointed a committee, consisting of their Minister, and six of their most respectable inhabitants, to examine the characters of those who came to settle among them, with power to admit, or re- fuse admission to them, as they judged they would be likely to benefit, or injure the society ; with a proviso, that they should not exclude any " that were honest, and well approved of by honest and judicious men ;" and forbid any inhabitant to sell or let house or land, to any one but such as should be approved of by the said committee, under the penalty of £10, to be paid to the town.


In 1663, the same town forbid any inhabitant to entertain a cer- tain obnoxious individual, longer than the space of a week, either gratuitously, or for pay, under the penalty of 40 shillings, for the breach of the order " made for the peace of the town."


It seems to have been adopted as an indispensable rule, in all the English towns on the Island, that no person should be admitted 10 settle among them, without the approbation of the inhabitants, or of a majority of them.


The first settlers were careful in exacting punctual attendance on public worship, and a strict observance of the Sabbath, and in pre- venting every kind of personal injury.


- In 1650 the town of Hempstead resolved, that if any person neglected to attend public worship, without a reasonable excuse, he should pay five guilders for the first offence, ten for the second, and twenty for the third ; and that if he afterwards repeated the offence, he stould be liable either to an aggravation of the fine, to corporal punishtrent, or banishment. About the same period, the town of Easthampon ordered that no Indian should travel up and down, or carry any buden in or through the town, on the Sabbath day ; and


Woods Sketch of Long Island, pp. 21, 22.


331


- STATE OF NEW-YORK.


that whosoever should be found so doing, should be liable to cor- poral punishment.


The town of Easthampton ordained that whosoever should slan- der any one, should be liable to pay a fine of £5.


The same town ordained that whosoever should rise up a, false witness against any man, to testify that which is wrong, there should be done unto him, as he thought to have done unto his neighbor, whether it should be to taking away life, limb, or goods.


To secure the administration of justice, and to prevent, and punish offences, a court was established in every town, in the Eng- lish territory, called the town court; it was composed generally of three Magistrates, a Clerk, and Constable, who were chosen annu- ally by the peope in their respective town meetings. -


The people of the respective towns, invested their town court with power to hear, and determine all causes, civil and criminal.


The parties were entitled to a jury, if either of them required it. The jury consisted of seven men, and the verdict was decided by the voice of the majority.


In most of the towns, the decisions of the town court were con- clusive ; but in Southampton, an appeal lay from the decisions of the town court, to the general town meeting called the genera court, which heard the appeal, and gave such judgment as was deemed just and right between the parties.


Two cases of witchcraft occurred on Long Island.


In 1657, a Mrs. Garlicke, was brought before the town court of Easthampton, on suspicion of witchcraft, and a number of witnesses were examined in support of the charge. The Magistrates after hearing the testimony, concluded to send her to Connecticut for further trial, the result of which is not know1.


In 1665, Ralph Hall and his wife were accused of witchcraft at Brookhaven, and the cause was tried bebre the court of assizes at New-York, and terminated in their aquittal; an account of which is published in the Appendix to Yates' continuation of Smith's his- tory of New-York.


Wood's Sketch of Long Island pp. 23, & 24.


1


HISTORY OF THE


, Of their Union with Connecticut.


The several English towns on Long Island, that were settled under the authority of the Earl of Stirling, and under the English claim to the Island, were exposed to interruption both by the Dutch and Indians ..


. In order to secure the power and influence of the New-England colonies, to protect them against the perils of their condition, they very early sought a connection with those colonies.


The several towns joined Connecticut at different times- Southampton in 1644-Easthampton in 1657-Brookhaven in 1659-Huntington in 1660, and Oyster bay, probably in 1062- Southold joined New Haven in 1648, and with that colony was united with Connecticut in 1602.


The towns of Hartford, Windsor, and Weathersfield, in 1639, formed an union for their mutual benefit, and framed a constitution, better calculated to secure liberty and good government, perhaps, than any that had ever before been formed. This compact consti- tutel the government and original jurisdiction of Connecticut.


Connecticut was at first, and for many years, without the author- ity of a patent, and, in fact, had no legal jurisdiction beyond the bounds of those three towns, and such as joined them. The seve- ral towns or the island were received under her jurisdiction on their voluntary offer, and at their own solicitation.


By the union they became members of the body politic of Con- necticut, and Were entitled to the benefits, and liable to the duties of the other towns within her jurisdiction, and became, in common with them, entitled to the protection of the united colonies.


The several towns tecame entitled to send deputies to the gene- ral court at Hartford ; and it appears that the towns of Southamp- ton, and East Hampton, a ailed themselves of the privilege, and sent deputies to Hartford, as Southold did to New Haven.


The union seems to have re:embled an alliance for mutual con- sultation and defence, rather than. a consolidated government.


The charter of Connecticut grarted by Charles II. was received


Wood's Sketch of Long Island, pp. 24, & 25.


செயல்படும்


333


STATE' OF NEW-YORK.


in 1662. It was very similar in its provisions to the constitution adopted in 1639, and was little more than a'developement of them.


The liberal provisions of the new charter made the several towns on Long Island very desirous to perpetuate their connection with that colony. Long Island was not mentioned in the charter, but the names of some of the magistrates of one or more of the towns were inserted among those who were to administer it.


A clause in the new charter, annexing the adjacent islands to that colony, also furnished her with a pretext to claim Long Island ; and it was doubtless with the consent, if not at the instance, of the seve ral towns on the island that had joined her jurisdiction, that she set up a construction of her charter, which, if it could have been sus- tained, would had embraced all the English towns on the island, and the whole island after the conquest.




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