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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1827 Advertisement for Sale of Herman Le Roy Farm in Pelham

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Herman Le Roy was a wealthy merchant and landowner who lived in Pelham during the early 19th Century. He was an active participant in Town affairs and owned hundreds of acres of land in the area.  His estate was located on Pelham Neck (today's Rodman's Neck) on the side of the neck facing Eastchester Bay and opposite the side facing City Island.  Herman Le Roy had a son, Herman Le Roy, Jr., to whom he and his wife, Hannah, transferred the Le Roy estate in 1818.  I have written about the Le Roy estate on Pelham Neck and members of the Le Roy family on a number of occasions.  For examples, see:

Tue., Nov. 11, 2014:  Efforts by Herman Le Roy, Jr. of Pelham to Build an Oyster Pond in the 1830s.

Tue., Jun. 26, 2007:  Herman Le Roy of Pelham Offers Reward for Stolen Ewe in 1814.

Mon., Jun. 26, 2006:  1834 Statute Authorized Herman Le Roy, Jr. to Dam Creek for an Oyster Bed.

Fri., Dec. 9, 2005:  Conveyance of Le Roy Lands in Pelham Between Pelham Bridge and New Rochelle in 1818.

Thu., Aug. 25, 2005:  1818 Sale of Lands to Herman and Hannah Le Roy of Pelham.

Herman Le Roy was a founder of the firm of Le Roy, Bayard & Company.  Le Roy, Bayard & Co. was the most powerful New York Merchant Bank in the late 18th and early 19th centuries.  Such institutions, including Le Roy and Bayard, engaged in heavy speculation in securities, often as the agents of foreign purchasers.  Below is a brief account of the prominence of the Le Roy and Bayard firm during the late 18th and early 19th centuries.  It is followed by a citation and link to its source.

"[T]he great house of Le Roy, Bayard & Co. . . . There are so many large houses that we cannot now even imagine the profound respect inspired by Le Roy & Bayard.  They founded the grand old house in 1790.  It had rolled on for thirty-five years, its partners changing its style sometimes.  Le Roy & Bayard, then Le Roy Bayard & Co. -- afterward Le Roy, Bayard & McEvers, and last it was Le Roy, Bayard & Co., in 1824.  All its partners up to this time had been kings, princes, and dukes among the merchants.  Socially, no families stood higher; commercially, none stood so high.  I presume there was less capital in the concern in 1825, than at any period of its existence since 1790.  Its reputation, however, was sound, and its credit undisputed."

Source:  Barrett, Walter, The Old Merchants of New York City, 2nd Series, p. 172 (NY, NY:  Carleton, Publisher, 1863).

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).  NOTE:  Click on Image to Enlarge.

The collections of The New-York Historical Society include a portrait of Herman Le Roy (1758-1841).  The portrait, object number 1956.38, is an oil on canvas by an unidentified artist and is 40 inches by 32 inches in size.  See The New-York Historical Society, Museum Collections Luce Center, Herman Le Roy (visited Jan. 3, 2016).

Today's posting to the Historic Pelham Blog transcribes the text of a lengthy real estate advertisement that appeared in the March 17, 1827 issue of The Evening Post published in New York City.  In that advertisement, Herman Le Roy, Jr. offered the Le Roy Estate on Pelham Neck for sale.  The advertisement is significant because it contains an extensive description of the grounds of the estate and the structures that stood on the property.  The advertisement gives a rare glimpse of the nature of a major Pelham estate in the early 19th century.

The estate consisted of 175 acres of "rich land" that formed a "very valuable grazing Farm" in a "high state of cultivation."  The centerpiece was a "commodious dwelling" also described in the advertisement as a "mansion" that faced the water and was "replete with every accommodation for a large and genteel family."

The estate was well positioned to be self sufficient with a host of outbuildings dedicated to specific purposes.  Such outbuildings included:  a "large barn, with extensive sheds adjoining"; a coach house; stables; an "excellent farm house"; a "wash house"; a "stone dairy"; and a "large ice house now filled".  

The advertisement makes much of the gardens growing on the estate.  The advertisement notes, with pride, that "Two acres of ground are appropriated for a kitchen garden, and it is confidently believed that no garden in the vicinity of New York is capable of producing more choice vegetables."  In addition to this substantial "kitchen garden," the estate included "an extensive assortment of strawberries, raspberries, grapes and a variety of other fruits of the most rare and desirable kind."

In addition to such gardens, the estate included a substantial orchard as well as fruit trees surrounding the mansion that formed the centerpiece of the estate.  According to the advertisement:  "surrounding this garden are 4 acres covered with the most choice fruit trees now in bearing, such as peaches, apples, pears, plums, &c. in addition to this garden, there are two bearing engrafted apple orchards and a great number of peach, pear and cherry trees, surrounding the mansion and farm houses all in full bearing, and the fruit of the finest kind."   

The estate also produced both "English hay" and a "large quantity of salt hay" from presumably from lowland marshes on Eastchester Bay.  According to the advertisement, "The whole of the farm is cleared of stone and subdivided into convenient lots, enclosed by substantial stone walls, and may at pleasure be converted into mowing grounds."

The estate also included a "woodland" that provided firewood and other wood deemed "more than is needed for the use of the farm."  Perhaps most significantly, in order to attract a wealthy buyer, the advertisement emphasized that "A privilege will be granted for using a dock adjoining the premises, at which a vessel of 100 tons burthen can discharge."

The text of the advertisement appears in full below.  It is followed by a citation and link to its source.  It provides a fascinating glimpse of an early Pelham estate.  

*          *          *          *          *

"FARM for SALE,

Or will be exchanged for real estate in the city of New York:  a very valuable grazing Farm and in a high state of cultivation, containing about 175 acres of rich land, situate in the town of Pelham, county of Westchester and about 16 miles from this city.  On the farm in a large and commodious dwelling, facing the East River, replete with every accommodation for a large and genteel family.  The prospect of the Sound and surrounding country, from the premises, is extensive and beautiful.  The out houses consist of a large barn, with extensive sheds adjoining; coach house and stables; an excellent farm house, wash house complete; stone dairy, a large ice house now filled.  The farm house establishment is very convenient and all the buildings are in excellent repair.  Two acres of ground are appropriated for a kitchen garden, and it is confidently believed that no garden in the vicinity of New York is capable of producing more choice vegetables; in addition there is an extensive assortment of strawberries, raspberries, grapes and a variety of other fruits of the most rare and desirable kind; surrounding this garden are 4 acres covered with the most choice fruit trees now in bearing, such as peaches, apples, pears, plums, &c. in addition to this garden, there are two bearing engrafted apple orchards and a great number of peach, pear and cherry trees, surrounding the mansion and farm houses all in full bearing, and the fruit of the finest kind.  The whole of the farm is cleared of stone and subdivided into convenient lots, enclosed by substantial stone walls, and may at pleasure be converted into mowing grounds.  The quantity of English hay now cut on the farm is considerable and may be materially increased, beside cutting a large quantity of salt hay.  The woodland is excellent, and more than is needed for the use of the farm.  A privilege will be granted for using a dock adjoining the premises, at which a vessel of 100 tons burthen can discharge.  The stock and farming utensils will be disposed of with the farm if desired, and possession given at a short notice.  For further particulars inquire of H. Le Roy, jun. adjoining the premises, or of Mr. Daniel Le Roy, No. 113 Broad street

m14 1m"

Source:  FARM for SALE [Advertisement], The Evening Post [NY, NY], Mar. 17, 1827, p. 4, col. 5.  

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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).  

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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.

Thu., Dec. 3, 2009: Pelham News on May 30, 1884 Including Allegations of Oyster Larceny and Meeting of the Pelhamville Improvement Association.

Mon., July 30, 2007: 1885 Report Notes Decline of Oyster Industry Near City Island in the Town of Pelham.

Fri., Jul. 27, 2007: Possible Origins of the Oyster Feud Between City Islanders and Huntington, Long Island.

Thu., Jul. 26, 2007: Pelham's City Island Oystermen Feud with Long Islanders in 1869.

Fri., Apr. 13, 2007: Oystermen of City Island (When It Was Part of the Town of Pelham) Pioneered Oyster Cultivation.

Fri., Jan. 26, 2007: A History of the Early Years of City Island When it Was Part of the Town of Pelham, Published in 1927.

Mon., Sep. 18, 2006: A Brief Description of Oystering in Eastchester Bay and at Pelham Published in 1881.

Archive of the Historic Pelham Web Site.

Home Page of the Historic Pelham Blog.

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