Historic Pelham: Efforts by Herman Le Roy, Jr. of Pelham to Build an Oyster Pond in the 1830s

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Pelham once was oyster capital of the world and supplied New York City with much of its massive daily oyster fare at a time when oysters were sold on nearly every street corner. In those days, City Island was part of the Town of Pelham before its annexation by New York City. City Island Oystermen were world famous for their harvests off the shores of the island and for their scientific approach to the renewal of the resource on which they relied. It was a serious business. Pitched battles were fought in Long Island Sound among oystermen, including City Island oystermen, protecting their right to harvest the tasty marine morsels.

Today's posting to the Historic Pelham Blog addresses what may be one of the earliest efforts to create a commercial oyster bed in the waters surrounding the Town of Pelham. On April 11, 1834, New York Governor William L. Marcy signed into law a piece of private legislation that authorized Herman Le Roy, Jr. of the Town of Pelham to erect a dam at the mouth of a creek running from his lands into Pelham Bay for the purpose of creating "an oyster pond or bed". This seems to be one of the earliest efforts to create an oyster bed -- perhaps an early artificial bed -- in and around the waters of City Island and Pelham.

At the end of today's posting, I have assembled the text of the original newspaper notice published by Le Roy to announce his intent to obtain the private legislation, followed by a complete legislative history of the statute and, finally, the text of the statute as signed into law. I also have included at the end of today's posting an extensive set of links to previous articles I have written about the oystering industry in and around the waters off the shores of City Island.

I have referenced the final statute granting Herman Le Roy, Jr. the right to build an oyster bed in Pelham on a prior occasion. See Mon., Jun. 26, 2006: 1834 Statute Authorized Herman Le Roy, Jr. to Dam Creek for an Oyster Bed. The newspaper notice, together with the legislative history, shed some additional light on what Herman Le Roy, Jr. sought to achieve.

The Le Roy family owned extensive lands on the western side of Pelham Neck (today's Rodman's Neck). A detail from a map published in 1853 shows the extent of the Le Roy lands on Pelham Neck.

For now, it would only be pure speculation but, assuming that Le Roy built the dam authorized by statute, it would seem most likely that it wound have been built near the northwestern portion of his lands, perhaps across a portion of what is known today as Turtle Cove. In fact, the newspaper notice Le Roy published in late 1833 announcing his intentions (see below) expressly stated that the dam would be built "across a cove lying within his lands at Pelham." Review of aerial and satellite photographs of the area, however, have not yet revealed remnants of the structure to this author.

Detail of Map Prepared in 1853 Showing Pelham Neck and Lands

Owned by the Le Roy Family. Source: Dripps, Matthew & Conner,

R.F.O., Southern Part of West-Chester County N. Y. (1853)

(Museum of the City of New York, No. 29.100.2628).

"NOTICE is hereby given that the subscriber intends to apply to the legislature of this state, at the ensuing session thereof for an act authorising him to build a dam across a cove lying within his lands at Pelham in the county of Westchester, for the purpose of converting the same into an oyster pond. Pelham, Dec. 20, 1833.

HERMAN LE ROY, Jr.
83T6"

Source: [Untitled Advertisement], Daily Albany Argus [Albany, NY], Jan. 21, 1834, Vol. IX, No. 3359, p. 4, col. 4.

"THURSDAY, JANUARY 9, 1834.

The House met pursuant to adjournment. . . .

The petition of Herman Le Roy junior, of the county of Westchester, praying for the passage of an act authorising him to construct a dam across a certain creek in the town of [Pelham] in said county, was read, and referred to a select committee, consisting of Mr. Anderson, Mr. Lockwood and Mr. Gordon. . . .

MONDAY, FEBRUARY 10, 1834.

The House met pursuant to adjournment. . . .

Mr. Anderson, from the select committee to which was referred the petition of Herman Le Roy, of the town of Pelham in the county of Westchester and State of New-York, reported; and asked leave to introduce a bill.

[See Document No. 157.]

Ordered, That leave be given to bring in such bill.

Mr. Anderson, according to leave, brought in the said bill, entitled 'An act to aurhorise Herman Le Roy junior, to erect a dam across a creek in the township of Pelham and county of Westchester;' which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole house."

FRIDAY, MARCH 7, 1834.

The House met pursuant to adjournment. . . .

Mr. Myers, from the committee appointed in pursuance of the fifty-first rule of this House, to examine all bills committed to a committee of the whole house, and to report such bills as in their unanimous opinion may with propriety be referred to select committees to report complete, reported the following as proper for such reference, to wit: . . .

the bill entitled 'An act to authorise Herman Le Roy junior, to build a dam across a creek in the town of Pelham, Westchester county.'

Thereupon,

Ordered, That the committee of the whole be discharged from the further consideration of the said several bills, and . . . that the bill entitled 'An act to authorise Herman Le Roy junior, to build a dam across a creek in the town of Pelham, Westchester county,' be referred to a select committee, consisting of Mr. O. Robinson, Mr. Strong and Mr. Fowler, to be by the said committees severally reported complete. . . .

SATURDAY, MARCH 8, 1834.

The House met pursuant to adjournment. . . .

Mr. O. Robinson, from the select committee to which was referred the bill entitled 'An act to authorise Herman Le Roy junior, to build a dam across the creek in the township of Pelham, Westchester county,' reported, that the committee had gone through the said bill, made an amendment thereto, and agreed to the same; which he was directed to report to the House.

Ordered, That the bill be engrossed. . . .

MONDAY, MARCH 10, 1834.

The House met pursuant to adjournment. . . .

Mr. Hall, from the committee on engrossed bills, reported, that the committee have examined . . . the engrossed bill entitled 'An act to authorise Herman Le Roy junior, to build a dam across a creek in the township of Pelham, Westchester county,' and find the said bills severally correctly engrossed. . . .

The said engrossed bill, entitled 'An act to authorise Herman Le Roy junior, to build a dam across a creek in the township of Pelham, Westchester county,' was read the third time.

Resolved, That the bill do pass.

Ordered, That the clerk deliver the said several bills to the Senate, and request their concurrence in the same. . . .

Two several messages from the Senate were read, inform that they have passed . . . the bill entitled 'An act authorising Herman Le Roy junior, to erect a dam across a creek in the town of Pelham and county of Westchester,' severally with the amendments therewith delivered.

The said bills and amendments were read; and the amendments having been again read, and concurred in,

Ordered, That the clerk return the said bills to the Senate and inform them that this House have concurred with them in their amendments to the said bills, and amended the same accordingly. . . .

THURSDAY, APRIL 10, 1834.

The House met pursuant to adjournment. . . .

The Senate returned the bill entitled . . . 'An act to authorise Herman Le Roy to erect a dam across a creek in the township of Pelham and county of Westchester,' and the bill entitled 'An act relating to the court of common pleas for the city and county of New-York.'

Ordered, That the clerk deliver the said bills to the Governor. . . .

TO THE ASSEMBLY.

GENTLEMEN,

I have this day approved and signed . . . the bill entitled 'An act to authorise Herman Le Roy junior, to erect a dam across a creek in the township of Pelham and county of Westchester.'

W. L. MARCY. [i.e., William L. Marcy, Governor of the State of New York]

Albany, April 11, 1834."

Source: Journal of the Assembly of the State of New-York, at Their Fifty-Seventh Session, Begun and Held at the Capitol, in the City of Albany, the 7th Day of January, 1834, pp. 50-52, 231-36, 398-400, 406-07, 411-19, 692-93, 717-21, 741-42 (Albany, NY: Printed by E. Croswell, Printer to the State, 1834).

"AN ACT authorizing Herman Le Roy, junior, to erect a dam across a creek in the township of Pelham and county of Westchester.

Passed April 11, 1834.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

H. Le Roy, jr. may erect a dam.

§ 1. Herman Le Roy, junior, of Pelham township in the county of Westchester, his heirs and assigns, are hereby permitted and empowered, for his and their own use and benefit, to erect, construct and keep, across the creek or inlet running from Pelham bay into and surrounded by his lands in said township and county, at the mouth of said creek or inlet, a dam, dike or mound, of such height, shape and materials as may be necessary to enclose or dam up the waters of said creek or inlet, and the land covered thereby, and to apply said last mentioned land to his own benefit as an oyster poind or bed, or any other purpose, provided the extremities of said dam, dike or mound rest upon the said land of the said Herman Le Roy, junior.

May prosecute for trespass.

§ 2. The said Herman Le Roy, junior, his executors, administrators or assigns, may commence and prosecute actions of trespass against all persons trespassing on said land covered with water so enclosed as aforesaid, or doing any injury to the said dam, dike or mound, or the appurtenances, and recover the damages by him or them sustained by such injury."

Source: Laws of the State of New-York Passed at the Fifty-Seventh Session of the Legislature, Begun and held at the City of Albany the Seventh Day of January, 1834, p. 119 (Albany, NY: Printed by E. Croswell, Printer to the State, 1834).

* * * * *

Below are links to more stories about Pelham's rich oystering traditions.

Thu., Aug. 07, 2014: Oysterman Joshua Leviness of City Island Accused of Stealing Oysters Near High Island in 1883.

Tue., Feb. 04, 2014: Pelham: Once Oyster Capital of the World.

Thu., Mar. 25, 2010: Discovery of "The Great Oyster Bed" in Long Island Sound in 1859.

Wed., Mar. 24, 2010: The Oyster War of 1884 Between Glen Cove and City Island Intensifies.

Tue., Mar. 23, 2010: Yet Another "Oyster War" in 1884; Glen Cove Officials Feud with City Island and Connecticut Oystermen.

Mon., Mar. 22, 2010: 77-Year Old City Island Oysterman Joshua Leviness Reminisces in Testimony Provided in 1884.

Fri., Mar. 19, 2010: The New York Legislature Stepped Into the Oyster War on Long Island Sound in 1895.

Thu., Mar. 18, 2010: 1859 Town of Huntington Record Reflecting Dispute with City Island Oystermen.

Wed., Mar. 17, 2010: Report of September 13, 1884 Tour of Oyster Beds by Captain Joshua Leviness of City Island.

Tue., March 16, 2010: More on 19th Century Oystering in Pelham - Descriptions of Oyster Beds Off Hart Island, City Island and in Pelham Bay Published in 1887.

Mon., Mar. 15, 2010: More on 19th Century City Island Oyster Industry - City Island Oystermen Complaint of Pollution.

Fri., Mar. 12, 2010: Early History of Oystering in the Waters Off City Island in the Town of Pelham.

Thu., Mar. 11, 2010: The "Great Oyster War" Between City Island and Tarrytown in 1877 and 1878.