The Westchester and Pelham Turnpike Road Company Incorporated in 1817

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Until the first two decades of the 19th century, travel to and from the Town of Pelham was very difficult due to the lack of bridges and meaningful roadways.  Indeed, travel to the area from New York City or from points north was easiest by ship, thus ensuring that City Island grew in those early years to become the principal population center of the town.

This all began to change in 1815 when local residents arranged for the construction of the first Pelham Bridge.  See Tue., Oct. 11, 2016:  Is It Possible The First Pelham Bridge Built in About 1815 Was Repaired After Near Destruction by a Storm?

According to longstanding history of the Pelham Bridge, on March 6, 1812, the New York State Legislature enacted a statute incorporating the "Eastchester Bridge Company" to build a bridge over the Hutchinson River where it empties into Eastchester Bay.  With plans to build a bridge that would allow a more direct roadway from the Village of Westchester to the Town of Pelham, another group of local residents began planning construction of such a road as a toll road.  

The Pelham Bridge was built by early 1815 but, within months, was destroyed by an extraordinary storm and flood. There were, however, prompt proposals to rebuild the bridge by August 1, 1817. At about this time, local residents created the “Westchester and Pelham Turnpike Road Company.”  It was incorporated on April 5, 1817. 

According to one historian, “The Shore Road was made into a real road by the Westchester and Pelham Turnpike Co., incorporated April 5, 1817.”  Barr, Lockwood, A Brief, But Most Complete & True Account of the Settlement of the Ancient Town of Pelham Westchester County, State of New York Known One Time Well & Favourably as the Lordshipp & Manour of Pelham Also The Story of the Three Modern Villages Called The Pelhams, p. 51 (Richmond, VA: The Dietz Press, Inc. 1946).  Lockwood Barr may have overstated the point a little. It appears that the Westchester and Pelham Turnpike Road Company was incorporated to build a road from the causeway at the Village of Westchester (near today's Westchester Square in the Bronx) to the Pelham Bridge -- not beyond the Pelham Bridge onto today's Shore Road between the bridge and the Pelham Manor border. 

In any event, it is clear that construction of the road between the Village of Westchester and Pelham Bridge connected Pelham to what were then more populated portions of lower Westchester County, making the colonial roadway known today as Shore Road in Pelham Bay Park all the more important.  The roadway built by the Westchester and Pelham Turnpike Road Company came to be known as the "Westchester Turnpike."  Occasionally, portions of today's Shore Road between Pelham Bridge and the Pelham Manor border were also referred to as Westchester Turnpike. See, e.g., SUPREME COURT -- John Hunter, Plaintiff vs. Robert R. Hunter, Deforciant [Legal Notice], New-York Evening Post, Nov. 19, 1818, p. 3, col. 2 (referencing "the highway leading from the Westchester turnpike road in Pelham to Rodman's Neck, (so called)").  For more on the history of Shore Road, see Friday, Oct. 14, 2016:  Early History of Pelham's Ancient Shore Road, Long an Important Pelham Thoroughfare Along Long Island Sound.

Today's Historic Pelham article sheds a little more light on the creation of the Westchester and Pelham Turnpike Road Company in 1817.  I have written before, on a single occasion, about the history of the company.  See Tue., Feb. 28, 2006:  Westchester and Pelham Turnpike Road Company "Builds" Shore Road in Pelham.

On March 21, 1817, New York State Senator Darius Crosby introduced in the State Senate "An Act to Incorporate the Westchester and Pelham Turnpike Company."  The bill had its first reading to the Senate that day and, by unanimous consent, was read a second time then was committed to a committee of the whole, suggesting there was little or no opposition to the measure.

Four days later on March 25, 1817, the committee of enrolment reported to the Senate that they had examined the engrossed bill and that it had been enroled [sic] and collated.  Thereupon, the Senate voted, by resolution, passage of the bill.

The following day, on March 26, 1817, the New York State Assembly announced that the Clerk of the Senate had delivered to the Clerk of the Assembly the bill that the Senate had passed.  The bill received its first reading before the Assembly that day and was promptly referred to a select committee consisting of Assemblymen Ebenezer White, Jr. and John Townsend of Westchester County, and Edward Smith, Jr. of Putnam County.  The Committee was directed to "consider and report thereon."

The following day (March 27) Assemblyman White of Westchester County reported favorably on the bill to the Assembly as a whole, recommending that he believed it "proper that it [the bill] should become a law of this state."  The Assembly ordered that the "said bill be committed to a committee of the whole house" suggesting, again, that the bill was not controversial.

Two days later on March 29, 1817, the Assembly met as a committee of the whole on the engrossed bill, then formed a select committee to consider the Senate bill further.  The committee consisted of Assemblymen Christopher Tappen Jr. and Green Miller (both representing Sullivan and Ulster Counties), and Assemblyman Ebenezer White, Jr. of Westchester County.  The select committee was instructed "to report the same [the bill] complete."

On Tuesday, April 1, 1817, the Senate bill was read to the full Assembly for a third time.  The Assembly then passed the bill "without amendment" and ordered the Clerk of the Assembly to "deliver the said bill to the honorable the Senate, and inform them, that this house have passed the same without amendment."

The Senate immediately referred the bill, passed by both houses of the legislature, to the "Council of Revision" for advice on whether it should become a law of the State.  On April 7, a message from the Council of Revision, delivered by the Secretary of State, was read to the Senate stating the Council's view "that it does not appear improper to the Council" that the bill should become a law of the state.  

Thus, the bill became law as "CHAP. CLVII -- AN ACT to incorporate the Westchester and Pelham turnpike road company." effective April 5, 1817.

The text of the statute sheds interesting light on the project to build the roadway from the Village of Westchester to the Pelham Bridge.  For example, it authorized three men and their associates to "associate for the purpose of making a turnpike road."  The men were Herman Le Roy (of Pelham, who lived near Pelham Bridge), Thomas C. Taylor, and William Edgar.  It confirmed that the new road would "begin at the causeway leading from the village of Westchester to Throgsneck [sic], at some point east of the bridge over Westchester creek, and to run from thence on the most convenient route to the bridge lately erected over the mouth of Eastchester creek."  It constituted the company as capable of suing and being sued and to allow it to purchase and own property.

The Statute authorized the company to issue one hundred shares of stock, "of thirty dollars each."  It further appointed William Bayard, Thomas C. Taylor, and Benjamin W. Rodgers as "commissioners to receive subscriptions for the said stock" (i.e., sell the 100 shares for thirty dollars each to raise $3,000 to fund the venture).  

Perhaps the most interesting, and amusing, aspect of the statute was the section that authorized the company to levy tolls on the turnpike, once built.  The statute stated "it shall be lawful for the company hereby incorporated to exact and receive at the gate or turnpike to be erected on the said road, the following rates of toll."  It proceeded to list the following:

• for every score of sheep or hogs, six cents; 
• for every score of cattle, horses or mules, twenty cents; 
• for every chair, sulkey [sic], chaise or other two wheel pleasure carriage, with one horse, six cents; 
• for every horse rode, three cents; 
• for every horse led or driven, two cents; 
• for every stage waggon, chariot, coach, coachee, phaeton or other pleasure carriage, drawn by two horses, twelve and an half cents, and six cents for every additional horse; 
• for every cart or waggon, drawn by one horse, six cents; 
• for every cart or waggon, other than stage waggons, drawn by two horses, mules or oxen, eight cents, and two cents for every additional horse, mule or ox; 
• for every sleigh or sled, if drawn by not more than two horses, mules or oxen, six cents, and 
• for every additional horse, mule, or ox, one cent.

By early July, 1817, it seems the shares had all been sold.  That month notices appeared in the Commercial Advertiser published in New York City that an election would be held at 12:00 Noon on Monday, August 4, 1817 at the office of Thomas C. Taylor, 41 Robinson Street (New York City) during which subscribers of shares would elect directors of the Westchester and Pelham Turnpike Road Company.  

Soon, afterward, Pelham had a more convenient roadway connecting it with lower Westchester County and the great metropolis of New York City.

"Pelham Bridge in 1865 From a sketch by W. J. Wilson"

This Shows the So-Called "Third Pelham Bridge" That Crossed

Eastchester Creek and Connected the Westchester Turnpike with

Shore Road.  Source: Jenkins, Stephen, The Story of the Bronx From

the Purchase Made by the Dutch from the Indians in 1639 to the Present

Day, Opposite p. 318 (NY and London: G.P. Putnam's Sons The

Knickerbocker Press, 1912).  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

"FRIDAY, 10 o'clock A.M. March 21, 1817.

The Senate met pursuant to adjournment.

PRESENT, 

His honor, Philetus Swift, President pro hac vice, and a quorum of the Senate. . . . 

Mr. Crosby, according to leave, brought in the said bill, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' which was read the first time, and by unanimous consent was read a second time, and committed to a committee of the whole. . . ."

Source:  JOURNAL OF THE SENATE OF THE STATE OF NEW-YORK:  AT THEIR FORTIETH SESSION -- SECOND MEETING, pp. 213, 215 (Albany, NY:  J. Buel, 1817).  

"TUESDAY, 10 o'clock, A.M. March 25, 1817.

The Senate met pursuant to adjournment.

PRESENT,

His honor Philetus Swift, President pro hac vice, and a quorum of the Senate.

The committee of enrolment reported, that they had examined the engrossed bill, entitled 'an act to incorporate the Westchester and Pelham turnpike road company' . . . and that the same [was] duly enroled and collated.

Thereupon,

The said engrossed bill, entitled 'and act to incorporate the Westchester and Pelham turnpike road company,' was read the third time.

Resolved, That the bill do pass."

Source:  JOURNAL OF THE SENATE OF THE STATE OF NEW-YORK:  AT THEIR FORTIETH SESSION -- SECOND MEETING, p. 233 (Albany, NY:  J. Buel, 1817).

"WEDNESDAY, March 26, 1817.

The house met pursuant to adjournment. . . . 

Four several messages from the honorable the Senate, also delivered by their clerk, with the bills therein mentioned, were read, informing that the honorable the Senate have passed the bill, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' . . . in which bills respectively they request the concurrence of this house.

The said bills were severally read the first time, and by unanimous consent were also read a second time, and the bill, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' was refered [sic] to a select committee, consisting of Mr. White, Mr. E. Smith and Mr. Townsend . . . severally to consider and report thereon."

Source:  Journal of the Assembly, OF THE STATE OF NEW-YORK -- FORTIETH SESSION -- SECOND MEETING, pp. 668, 670 (Albany, NY:  J. Buel, 1817).

"THURSDAY, March 27, 1817.

The house met pursuant to adjournment. . . . 

Mr. White, from the select committee to whom was refered [sic] the engrossed bill from the honorable Senate, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' reported, that they have had the said bill under consideration, and believe it proper that it should become a law of this state.

Ordered, That the said bill be committed to a committee of the whole house. . . ."

Source:  Journal of the Assembly, OF THE STATE OF NEW-YORK -- FORTIETH SESSION -- SECOND MEETING, pp. 678, 682(Albany, NY:  J. Buel, 1817).

"SATURDAY, March 29, 1817.

The house met pursuant to adjournment. . . . 

The house then resolved itself into a committee of the whole, on the engrossed bill from the honorable the Senate, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Sanford, from the said committee, reported progress, and asked for and obtained leave to sit again. . . . 

Thereupon -- 

Ordered, that the committee of the whole house be discharged from further consideration of the said bill, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' . . . and that the same be committed to a select committee, consisting of Mr. Tappen, Mr. G. Miller and Mr. White, to report the same complete. . . ."

Source:  Journal of the Assembly, OF THE STATE OF NEW-YORK -- FORTIETH SESSION -- SECOND MEETING, pp. 699, 704 (Albany, NY:  J. Buel, 1817).

"TUESDAY, April 1, 1817.

The house met pursuant to adjournment. . . . 

The engrossed bill from the honorable the Senate, entitled 'an act to incorporate the Westchester and Pelham turnpike road company,' was read the third time.

Resolved, that the bill do pass.

Ordered, That the clerk deliver the said bill to the honorable the Senate, and inform them, that this house have passed the same without amendment. . . ."

Source:  Journal of the Assembly, OF THE STATE OF NEW-YORK -- FORTIETH SESSION -- SECOND MEETING, p. 720(Albany, NY:  J. Buel, 1817).

"MONDAY, 9 o'clock A.M. April 7, 1817.

The Senate met pursuant to adjournment.

Present,

His honor Philetus Swift, President pro hac vice, and a quorum of the Senate. . . . 

A message from the honorable the Council of Revision, delivered by the Secretary of State, was read, informing, that it does not appear improper to the Council, that the bill, entitled . . . 'an act to incorporate the Westchester and Pelham turnpike road company' . . . should respectively become laws of this state. . . ."

Source:  JOURNAL OF THE SENATE OF THE STATE OF NEW-YORK:  AT THEIR FORTIETH SESSION -- SECOND MEETING, pp. 283-84 (Albany, NY:  J. Buel, 1817).

"CHAP. CLVII.

AN ACT to incorporate the Westchester and Pelham turnpike road company.

Passed April 5, 1817.

Associates.

I.  BE it enacted by the people of the state of New-York, represented in senate and assembly, That Herman Le Roy, Thomas C. Taylor, William Edgar, and all such other persons shall associate for the purpose of making a turnpike road, 

Route.

to begin at the causeway leading from the village of Westchester to Throgsneck, at some point east of the bridge over Westchester creek, and to run from thence on the most convenient route to the bridge lately erected over the mouth of Eastchester creek, be and they are hereby created a body corporate and politic, in fact and in name, by the name of 'the Westchester and Pelham turnpike road company,' 

Powers.

and by that name shall have continual succession, and be persons capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts places whatsoever, in all manner of actions, suits, complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation:  Provided, that such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil [sic] the end and intent of the said corporation.

Shares.

II.  And be it further enacted, That the stock of the said company shall consist of one hundred shares, of thirty dollars each;

Commissioners to receive subscriptions.

and William Bayard, Thomas C. Taylor and Benjamin W. Rodgers, are hereby appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act, entitled 'an act relative to turnpike companies,' passed the 13th day of March, 1807.

Tolls.

III.  And be it further enacted, That it shall be lawful for the company hereby incorporated to exact and receive at the gate or turnpike to be erected on the said road, the following rates of toll, to wit:  for every score of sheep or hogs, six cents; for every score of cattle, horses or mules, twenty cents; for every chair, sulkey, chaise or other two wheel pleasure carriage, with one horse, six cents; for every horse rode, three cents; and for every horse led or driven, two cents; for every stage waggon, chariot, coach, coachee, phaeton or other pleasure carriage, drawn by two horses, twelve and an half cents, and six cents for every additional horse; for every cart or waggon, drawn by one horse, six cents; for every cart or waggon, other than stage waggons, drawn by two horses, mules or oxen, eight cents, and two cents for every additional horse, mule or ox; for every sleigh or sled, if drawn by not more than two horses, mules or oxen, six cents, and for every additional horse, mule, or ox, one cent.

Rights.

IV.  And be it further enacted, That the company hereby incorporated shall have all the rights, privileges and immunities, which are given and granted in and by the aforesaid act relative to turnpike companies, and shall be subject to all the conditions, provisions and restrictions therein contained."

Source: "CHAP. CLVII -- AN ACT to incorporate the Westchester and Pelham turnpike road company Passed April 5, 1817" in LAWS OF THE STATE OF NEW-YORK, PASSED AT THE THIRTY-NINTH, FORTIETH AND FORTY-FIRST SESSIONS OF THE LEGISLATURE, COMMENCING JANUARY 1816, AND ENDING APRIL 1818, Vol. IV, pp. 160-61 (Albany, NY:  Printed for Websters and Skinners by the Printer to the State, 1818).

"NOTICE is hereby given, that an election of Directors in the Westchester and Pelham Turnpike Road Company will be held at the office of Thomas C. Taylor, situate at No. 41 Robinson-street, in the third ward of the city of New-York, on the first Monday of August next, at the hour of 12 o'clock at noon; at which time and place the subscribers of shares in the said company, are notified to attend accordingly. Dated this 3d day of July, 1817. 

WM. BAYARD, ) 
B.W. ROGERS, } Commissioners. 
THOS. C. TAYLOR, ) 

july 3-law4w" 

Source: NOTICE, Commercial Advertiser [NY, NY], Jul. 3, 1817, p. 3. 

The same notice also appeared on July 16, July 17 and July 22. See NOTICE, Commercial Advertiser [NY, NY], Jul. 16, 1817, p. 4; NOTICE, Commercial Advertiser, Jul. 17, 1817, p. 4; NOTICE, Commercial Advertiser, Jul. 22, 1817, p. 4.

"The present road from Westchester Bridge to Pelham Bridge was authorized as follows:

In 1817, Hermann Le Roy, Thomas C. Taylor, William Edgar and their associates were incorporated as a turnpike company to make a turnpike road beginning at the causeway leading from the village of Westchester, at some point on the east side of the bridge over Westchester Creek, and to run from thence in the most convenient route to the bridge lately erected over the mouth of Eastchester Creek and were to be known as the 'Westchester and Pelham Turnpike Road Company.'"

Source:  Scharf, J. Thomas, History of Westchester County, New York Including Morrisania, Kings Bridge and West Farms Which Have Been Annexed to New York City, Vol. I, p. 815 (Philadelphia, PA:  L. E. Preston & Co., 1886).

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