USA > New York > Westchester County > Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume II > Part 24
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" The important consequences to the American States from this Declaration of Independence, considered as the ground and foundation of a future government, will naturally suggest
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the propriety of having it proclaimed in such a manner, as that the people may be universally informed of it.
" I have the honour to be, gentlemen,
" Your most obedient and very humble servant,
JOHN HANCOCK, President.
" Honourable Convention of New York."
Relative to this communication the following action was taken, as shown by record of proceedings :
" Ordered, That said letter and Declaration be referred to a Committee, to consist of Mr. Jay, Mr. Yates, Mr. Hobart, Mr. Brasher and Mr. William Smith.
" The Committee appointed to take into consideration the letter from our Delegates in Continental Congress, and the Declaration of Independence, reported the following, which was unanimously agreed to, and is in the words following, that is to say :
"In Convention of the Representatives of the State of New York,
" WHITE PLAINS, July 9, 1776.
"Resolved unanimously, That the reasons assigned by the Continental Congress for declaring the United Colonies free and independent States are cogent and conclusive; and that while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other Colonies in supporting it.
"Resolved, That a copy of the said Declaration and the fore- going resolution be sent to the Chairman of the Committee of the County of Westchester, with orders to publish the same, with beat of drum, at this place on Thursday next, and to give directions that it be published with all convenient speed in the several districts within the said county; and that copies thereof be forthwith transmitted to the other county committees within the State of New York, with order to cause the same to be pub- lished in the several districts of their respective Counties.
"Resolved, That 500 copies of the Declaration of Independ- ence, with the two last mentioned resolutions of this Congress for approving and proclaiming the same, be published in hand- bills and sent to all the county committees of this State.
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"Resolved, That the Delegates of this State in Continental Congress be and they are hereby authorized to consent and adopt all such measures as they deem conducive to the happi- ness and welfare of the United States of America.
"Ordered, That copies of the aforesaid resolutions be trans- mitted to the Continental Congress."
On July 10 this Provincial Congress adopted the following resolution :
"Resolved and Ordered, That the style or title of this House be changed from that of ' the Provincial Congress of the Colony of New York ' to that of 'the Convention of the Representa- tives of the State of New York.' "
The " Representatives of the State of New York, in conven- tion assembled," sent to President Hancock, of the Continental Congress, in reply to his of July 6, the following letter :
" WHITE PLAINS, July 11th, 1776.
" Sir :- Your letter of the 6th July inst. enclosing a copy of the Declaration of Congress, proclaiming the United Colonies free and independent States, and requesting us to proclaim and publish the same in this Colony, has been received.
" It gives us pleasure to inform you that, having been informed of that Declaration by our Delegates, we have antici- pated the request of the Congress by our resolutions of the 9th inst., a copy of which was enclosed in a letter we did ourselves the honour of writing you this morning.
" We have the honour to be, etc.,
" By order, (Unsigned.) " The Honourable John Hancock."
Later President Hancock sent to the State Representatives the following :
" BALTIMORE, January, 31, 1777. " Gentlemen :
"As there is not a more distinguished event in the history of America than the Declaration of her Independence, nor any that, in all probability, will so much excite the attention of future ages, it is highly proper that the memory of that trans- action, together with the causes that gave rise to it, should be preserved in the most careful manner that can be devised;
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I am, therefore, commanded by Congress to transmit you the enclosed copy of the Act of Independence, with the list of the several members of Congress subscribed thereto, and to request that you will cause the same to be put upon record, that it may henceforth form a part of the archives of your State, and remain a lasting testimony of your approbation of that neces- sary and important measure.
" I have the honour to be, gentlemen,
" Your most obedient and very humble servant, JOHN HANCOCK, President.
" Honourable Convention of the State of New York."
In the Provincial Congress, afterward termed the Conven- tion of Representatives of the State of New York, there were representing Westchester County, Col. Pierre Van Cortlandt, Gen. Lewis Morris, Jonathan G. Tompkins, Major Ebenezer Lockwood, Samuel Haviland, Peter Fleming, Benjamin Smith, Governeur Morris, Col. Gilbert Drake, Zebediah Mills, Col. Lewis Graham, Captain Jonathan Platt, William Paulding and John Jay. Though John Jay was credited to New York city he was a resident of Westchester County and he had the best interest of the County at heart; he was one of the most promi- nent men in the Congress, and as chairman of the committee appointed to report a draft of the proposed State Constitution, he prepared that important document, and as drafted by him, it was unanimously adopted as the Constitution of the State of New York, in 1777.
In appreciation of many patriotic deeds performed, Mr. Jay was made the first Chief Justice of the Supreme Court of the State under the Constitution, and he was further greatly honored by his fellow countrymen (see page 79, vol. 1).
Sessions of the Provincial Congress, succeeding that in White Plains, were held in Harlem, in Fishkill and Kingston on the Hudson river; this Congress finally dissolved in Kingston on May 13, 1777.
The Constitution of 1777 failed to specify the date on which the Governor should enter upon the discharge of his duties. George Clinton was declared elected the first Governor on July 9, 1777, one year later than the date on which the Provincial Congress had met in White Plains and declared for the State's independent organization. In February, 1787, the Legislature passed an act providing that the Governor and the Lieutenant-
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Governor should be installed into office on the first day of July following the election.
Pierre Van Cortlandt, of this County, was installed as State's first Lieutenant-Governor.
While the Continental Congress was in session, in 1775, the Provincial Congress of the Colony of New York was organized; and as the former body had passed resolutions requesting the Colonies to adopt forms of government for themselves, states- men representing this and other counties of this Colony in the Continental Congress were chosen to act also as members of the Colony Congress to give assistance in the formation of a State government. Most prominent among those called upon by their constituents to aid in the formation of a " home government " was John Jay, who had by this time become famous as one of the most conspicuous members of the Continental Congress. We learn, from historical records, that though his time was fully occupied in an endeavor to formulate plans for the suc- cess of the purposes of the National Congress, yet he felt forced to heed the persistent demands of his native colony and take part as a member of the Provincial Congress. This incident is only one of many illustrating how strongly his countrymen relied upon the talents and patriotism of Mr. Jay ; he was called to every office, civil or military, in which there was opportunity for displaying his judgment. At this period we find him hold- ing three appointments at once, so well were all convinced of his fitness for every duty that was imposed upon him. On motion of Mr. Jay the provisional Congress, on May 31, 1776, passed resolutions calling upon the people to elect delegates to a Convention, a new body, which should have, besides the usual powers, that necessary for the formation and putting in prac- tice a new form of government for the Colony of New York. Mr. Jay and others before named as representatives from West- chester County were elected delegates to this Convention.
As stated, the first sessions of this Convention were held in New York city, where the Provincial Congress of the Colony had been accustomed to assemble. That city was even then remarkable for its wealth, as it was for the numbers of its Tory population. The Provincial Congress of the Colony realized the situation in which the city would find itself in case of an attack from the enemy; its easiness of access from the sea, its long inland water communication and the aid Tories would cheerfully render, the city would present itself to the British
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as an easy conquest, and, when conquered, would furnish an excellent place of arms. The Colony Congress called out the militia, and proceeded to officer and equip them, devising meas- ures for the city's defence. They found great difficulty, how- ever, in procuring talented officers, and were obliged to tender a commission to Mr. Jay, although he was already a member of two legislative bodies. Ever ready to serve his country, he accepted the tender, and became colonel of the second militia regiment of infantry. His duties as a legislator were more necessary to the State than those of a soldier, and this command was never assumed.
On June 29, 1776, Lord Howe of the British Army arrived with a fleet and army in the harbor of New York; and the Convention which had met to provide a government for the proposed State, after giving orders, which show how little they were prepared for defence, retired to White Plains in this County. The action of the Convention in session at White Plains has here been mentioned.
At a later session of the Convention, on July 16, 1776, Mr. Jay succeeded in having adopted resolutions declaring all per- sons who in any way aided or assisted England, guilty of treason to the new State, and liable to be punished accordingly. This measure, which was meant to reach Tories especially, was ren- dered justifiable by the Declaration of Independence, which declared that the country was no longer a Colony, but a separate State, and had perfect right to provide in every way for its own safety.
Westchester County at this period contained many Tories, owing probably to the fact of its close connection to New York city, which is described as having been then " a nest for them." In Queens County, Long Island, likewise in close proximity to New York city, the Tory sentiment was strong, and the inhabi- tants of that county had proceeded so far as to refuse to send members to the Colonial Congress, and had declared themselves neutral in the present struggle. Congress, at the instigation of Mr. Jay, passed resolutions commenting severely on the inde- cision and cowardice of their course, and also, as was necessary, took measures, by sending troops, for disarming the inhabitants and arresting the most odious. Tories aided the enemy in secret, as spies carrying information as to the actions of their more patriotic neighbors. As the head of the " Committee
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of Safety " in this State, Mr. Jay succeeded, through the efforts of trusted agents, in preventing Tories in this County render- ing as much aid to the nearby British forces as they had hoped to do. The Committee of Safety, in the absence of higher authority for which it had to act, effected glorious results for the patriotic cause, and its members being in the confidence of General Washington proved valuable aids to that Chief. The headquarters of the Committee of Safety was in White Plains, this County's present County Seat.
STATE MILITARY DEPARTMENT.
Westchester County took a prominent part in organization of the State Militia and holds an important place in the column of patriotic counties in the hours of peace as well as in the time of war when thousands of its citizens promptly responded to the call to arms.
William Paulding, Jr., of the town of Cortlandt, was one of the first called to aid the Governor in command of the State Militia, and it is to him that much credit is given for the early organization. His appointment as Adjutant-General was made by Governor Tompkins in 1809, and he continued in such office from the year 1809 to February 21, 1821, serving under Gov- ernors Tompkins and Clinton.
Allan Macdonald, of White Plains, was also an Adjutant- General, appointed by Governor Marcy in 1837-38.
Joseph J. Chambers, of Sing Sing, was Chief of Engineers, on the Governor's staff, appointed by Governor Myron H. Clark in 1855-56-57.
Edwin A. McAlpin, of Sing Sing, served as Adjutant-General in 1895-6, on the staff of Governor Morton.
Samuel William Johnson, of Rye, was appointed Commissary- General and Chief of Ordnance in 1871-2, during the last two years' term of Governor Hoffman.
Ralph Brandreth, of Sing Sing, served on Governor Hill's staff from 1886 to 1892, as Commissary-General of Subsistence.
George D. Sanford, of Peekskill, was on Governor Flower's staff as Commissary-General of Subsistence, in 1892-3-4-5.
James W. Husted, of Peekskill, ever manifested an active interest in local military affairs, and during the many years he
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served conspicuously in the State Legislature he was considered a friend of the militiamen. During his enlistment in the State guards he served as Judge-Advocate of the Seventh Brigade and as Major-General of the Fifth Division.
HISTORICAL NOTES.
On April 12, 1861, the Confederate batteries in Charleston (S. C.) Harbor fired on Fort Sumter.
President Lincoln issued his first proclamation, calling for volunteers for the Civil War, on April 16, 1861.
Eighteen hundred and fifty-six is given as the date of birth of the present Republican party. The year Gen. John C. Fremont ran for President.
Under Mayor Edward Holland, in 1741, was begun the first paving of public streets in New York city; using broken stone, cinders and planks.
The accounts and vouchers of General Washington's military expenses during the Revolution are on exhibition in the Con- gressional Library in Washington, D. C.
In 1911 the United States Supreme Court began the second decade of the twentieth century and the one hundred and twenty- third calendar year of the United States.
The custom of placing two lamps, on posts, to illuminate the front of the Mayor's residence in cities, came in vogue during the time Peter Stuyvesant was Mayor in New York city.
The late Burton N. Harrison, husband of the authoress and father of Congressman Francis Burton Harrison, was private secretary of Jefferson Davis while President of the Confederate States.
There are on file in the Congressional Library in Washington, D. C., over two thousand applications for office under Presi- dent Washington, which leads us to believe that the office- seeking habit was strong even in the days of the infancy of the Republic.
STATE SENATORS REPRESENTING THE COUNTY.
(Continued from page 41, Volume 1.)
Under the first Constitution the State Senate, in 1777, con- sisted of 24 members, apportioned among four great districts. The census of 1795 increased the number to 43. In 1801, the rule being found unequal in its operation, the Constitution was amended so as to fix the number permanently at thirty-two. Changes were made later, until now we find, under the pres- ent State Constitution, the Senate possessed of fifty-one members.
State Senators hold office for two years, and are elected each even year, one in each Senatorial district. The Senate districts must consist of contiguous territory, and no county can be divided unless entitled to two or more Senators. A census is required to be taken every ten years (between times for taking the United States census; for instance, the next State census will be taken in 1915), and an apportionment must be made by the Legislature at its first session, after the result of the census has been reported.
Westchester County at present forms, by itself, one Sena- torial district, known as the Twenty-fourth.
In 1848 Westchester County was a part of the 7th district ; in 1858, a part of the 8th district; in 1868, a part of the 9th district; in 1880, a part of the 12th district; in 1894, a part of the 15th district; in 1896, the County was made to consti- tute the 22d district; in 1907 it was the 23d district, and at the present time it is the 24th district. (For names of early Senators, representing this County, see page 41, volume 1.)
The Governor has power to nominate and the Senate to con- firm appointment of certain State officers.
The Lieutenant-Governor is, ex-officio, presiding officer of the Senate. He can not participate in debates, nor vote, except in cases of a tie. The Senate elects one of its own members to act as President, pro tem., in the absence of the Lieutenant-Gov- ernor, and while so acting the said Senator has the right to vote on all matters considered by the Senate. As the Presi-
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dent pro tem. is a Constitutional office, his removal can only be brought about through impeachment proceedings.
Pierre Van Cortlandt, of Croton Landing, elected as a rep- resentative from this County to the first Senate, was chosen first Lieutenant-Governor of the State, on June 30, 1778.
William H. Robertson, Senator from this County, was elected President pro tem. of the State Senate and served during the years 1874-5-6-7-8-9-1880-1; resigning on July 21, 1881, to accept appointment as Customs Collector at the Port of New York, to which position he had been appointed by President Garfield.
Under the Constitution, no person shall be eligible to the Legislature, who at the time of his election is, or within one hundred days previous thereto has been, a member of Con- gress, a civil or military officer under the United States, or an officer under any city government. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the Government of the United States, or under any city gov- ernment, his acceptance thereof shall vacate his seat. (A Park Commissioner is a city officer. People ex rel. Sherwood vs. State Board of Canvassers.)
The Constitution says, no member of the Legislature shall receive any civil appointment within this State, or from the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city govern- ment, during the time for which he shall have been elected; and all such appointments and all such votes given for any such member for any such office or appointment shall be void.
When John N. Stewart, of Westchester, represented the first district of this County in the Assembly in 1896, he received appointment as clerk of the Municipal Court in the " annexed district " of New York city. It was claimed that under Article 3 of the State Constitution, he, because of his being a Member of Assembly, could not accept this appointment to a civil office. The question involved was carried to the courts, and to the Appellate Division of the Supreme Court for final decision. It was decided that a Member of Assembly may be appointed clerk of a District Court. (Stewart vs. Mayor, 15 App. Div. 548.)
The following named persons have served this County in the State Senate, from the year 1898 to and including the year 1911:
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This Senatorial district was represented in the 122d and 123d Sessions, in the years 1899 and 1900, by William J. Graney, of Dobbs Ferry.
During the 124th and the 125th Sessions, in the years 1901-2, Isaac N. Mills, of Mount Vernon, was the County's representa- tive. Mr. Mills was subsequently elected a Supreme Court Justice, in the recently created Ninth Judicial District.
Charles P. McClelland, of Dobbs Ferry, who had served the County in the 115th and the 116th Sessions, in the years 1892-3, was again chosen to serve in the 126th and the 127th Sessions, in the years 1903-4; but he only remained through the 126th Session, 1903, when he resigned to accept appointment as a General Appraiser in the United States Customs service.
Francis M. Carpenter, of Mount Kisco, was elected to fill the vacancy caused by the resignation of McClelland, and served during the 127th Session, 1904. He was re-elected twice, and ably represented his constituents all through the 128th, the 129th, the 130th and the 131st Sessions, 1904-5-6-7-8. Mr Car- penter, previous to his election as a State Senator, was the oldest Supervisor in term of service in this County, and relin- quished that office to accept the responsible office of County Treasurer, which he held six years, when he was chosen State Senator by one of the largest majorities ever given in the County for that office. Shortly after his retirement from the Senate, he was elected by the State Legislature as a State Regent- only two other natives of the County were ever thus honored.
J. Mayhew Wainwright, of Rye, who had made an enviable record as an Assemblyman from the second district of the County, received a just promotion, and served in the State Senate during the 132d and the 133d Sessions, 1909-10; and in 1910 was re-elected to serve during 1911-12. (For list of Senators serving the County in earlier years, see page 41, vol. 1.)
Each member of the Legislature (Senators and Assembly- men) shall receive for their services an annual salary of one thousand five hundred dollars .* The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the Senate alone is convened in extraordinary session, or
* A proposed Constitutional Amendment to give Senators $3,500 and Assemblymen $3,000 per annum was defeated in 1911.
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when serving as members of the Court for the Trial of Impeach- ments, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day.
One of the most exciting Senatorial elections ever held in the district, then composed of Westchester, Rockland and Putnam Counties and those towns formerly of Westchester County now annexed to New York city, occurred in the year 1877. Judge William H. Robertson had been nominated by the Republicans for re-election as State Senator. To oppose him the Democrats had nominated as their candidate Col. Richard Lathers, of New Rochelle; the Colonel was a most dignified man of precise habits, who usually insisted on his own way of doing business, and was accustomed to say, " I never enter into a venture unless I under- stand it and can control it." When he entered politics, he cer- tainly broke the rule; he confronted many problems he could not understand nor solve. On the other hand, his opponent was a past master of the political art, one who knew "the game" from A to Z; being an old campaigner who had hunted along that same trail many moons, he knew his birds and the kind of shot to use to get them to fall into his basket. A Robertson Democrat was to him as good as a Robertson Republican, and, strange as it may appear, there were many Robertson Demo- crats in the strongly Democratic towns of the County that had been annexed to the big city. Especially was Robertson strong with the German residents of the old town of Morrisania ; under ordinary conditions these men were Democrats, but many of them were sure to vote for Robertson when he ran for State Senator against almost any man, excepting, perhaps, William Cauldwell, Democrat, of their own town, who was Robertson's predecessor in the State Senate. When Col. Lathers consented to be the party candidate, he took into consideration the large majority given Cauldwell in Morrisania as the Democratic can- didate. The Colonel had not progressed far when he learned of the conditions, and made a discovery as to " Robertson Demo- crats." For an explanation he sought his fellow townsman and Democrat, County Treasurer George W. Davids. " Why, Colonel," replied the genial Davids, " don't you understand why the Morrisania German Democrats are so fond of Judge Robertson ? They knew him as a good fellow when a County Judge, and now that he is off the bench he is even a better
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fellow. Why, Colonel, I have heard it said that in campaigning for office, Judge Robertson has gone into lager beer establish- ments, in Morrisania, where he is well known, thrown off his coat, gone behind the bar and begun working the beer pumps, to the tune of 'We'll set them up again, boys, what'll yer have ? Speak often and fast.' He gives out the beer, and gets in the votes. What do you think of that?" The astounded Colonel could only gasp, and answer, "My party don't expect me to do that, does it?" Davids, in repeating this conversation, said he was only joking, but the Colonel took him seriously, and on leaving said he believed that the Judge used just such means to hypnotize Democratic voters. The Colonel did not relax his efforts; depending greatly upon his well-known ora- torical ability to win votes; the Judge did not waste much time on oratory; he knew better ways, natural to the professional; the Judge, as was his custom, bent his best efforts in endeavor- ing to break into the enemy's ranks; the result shows he did. The district was normally Democratic, from 1864 to 1872 the latter party had elected its nominees. Election Day came, the vote was cast; the result was in doubt; both candidates claimed the victory. Rockland County, which could always be relied upon for a good Democratic majority, gave Lathers 681 over Robertson ; Putnam County, always Republican, gave 383 major- ity for Robertson. This showing put Lathers 298 in advance, with Westchester County to be heard from. Robertson claimed the home county by 452 majority, but Lathers' friends claimed Robertson was only 287 ahead in the County, and accordingly Lathers was elected by a small margin.
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