Dutch Authorities Remove the Settlers At West Chester in March, 1656

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Not long after Thomas Pell planted a tiny settlement of Englishmen at the head of Westchester Creek in late 1654, the Dutch in New Amsterdam decided to remove the settlers by force.  Early Dutch records reflect efforts to remove the English settlers.  One such account appears below, followed by a citation to its source.

"Book V. ~ 1656. . . .

Feb. 2. . . .

The Directors having received, by this time, information of the encroachments of the English at Oyster bay and Westchester, sent out orders to erect a fort at the former place, and to repel, even by force, all attempts to settle on the Company's lands in voilation of the treaty of 1650,

Feb. 22.

which the States General formally approved this spring. 2  [Footnote 2 reads:  "Hol. Doc. viii., 122, 134; Alb. Rec. iv., 207; De Witt, iii., 192; Thurloe, iv., 526; Hazard's State Papers, ii 549."]  Pursuant to these instructions the Director-general took the necessary steps to vindicate the Company's rights to Vreedlant.  The English of that settlement ('which they called Westchester,') were not only in the habit of entertaining fugitives from justice, but had kept up, during the recent Indian excesses, a constant correspondence with the savages.  To put an end to these irregularities, Captains

Mar. 6.

De Koninck, Newton, and the Attorney-general were sent secretly to that quarter with a suitable force to arrest the leaders and destroy all the buildings, except three or four, permitting the other settlers to remove their furniture within three days.  Those of the expedition who should be guilty of plunder were to be most vigorously punished.  this party set out immediately, and on reaching the place, were met by Lieut. Wheeler and other settlers, prepared for resistance, 'as the land was their own.'  They were forthwith disarmed, and removed, twenty-three in number, to the Manhattans, where they were placed on board the Ballance.  Those among them who were runaways were

Mar. 14.

Chap. VL ~ 1656.

afterwards sent to prison.  The others, who had been inno- [Page 312 / Page 313] cently lured to settle on the Company's lands, were placed under civil arrest and lodged in the City Hall.  'On the remonstrance of their wives,' and in consideration of the inclement season of the year, the Director and Council ordered that they should be set at liberty, on promising,

Mar. 15.

under oath, to depart with their goods and chattels within six weeks from the district, not to return again without permission.  On the followind day the arrested parties

Mar. 16.

addressed a petition to the Director-general and Council expressing their willingness to submit to their government 'so long as we continue within your jurisdiction,' provided they should be allowed the liberty of choosing their officers for the administration of such laws as may be enacted for the good of the township, and have their arms restored.  They likewise asked the privilege to make laws for the regulation of their town affairs not repugnant to the general laws of the province; and to divide the lands among the townsmen, none being admitted except according to the agreement which had been made among themselves, on commencing the settlement. 1 [Footnote 1 reads as follows:  "Signed, Thomas Newman, Thomas Wheeler, Robert Bassett, Isaiah Gilbert, John Rose, Robert Rose, Therwod Caniff, [in another entry, Davis,] Uncles Bill, William Benfall, John Jenner, Robert Meaker, [Bartholomew Meares,] Obadiah Gilbert, Roderick Osbert, John Broundith, [Landish,] Edward Waters, Samuel Morris, Samuel Hart, William Ward.]  They were told, in reply, that they should be allowed the same privileges 'as the freemen of the villages of Middleborough, Breukelen, Midwout, and Amersfoort were enjoying.'  They should be permitted to nominate a double number of persons to fill the offices of magistrates, from which the Executive would make a proper selection.  Capt. Raith. Paxton, William Elliott, Black Marchand, John Gray, Roger Wheeler, 'all Englishmen,' who had taken up arms against the authorities, were discharged and ordered to quit the province,

Mar. 25.

unless some of the other towns were willing to receive them and remain security for their good behavior.  Westchester sent in its first nomination of magistrates shortly

Mar. 28.

after the date of the above agreement. 2 [Footnote 2 reads as follows:  "These persons were Lieut. Thomas Wheeler, Thomas Newman, John Lord, Josiah Gilbert, William Ward, and Nicholas Bayley.  The application [Page 313 / Page 314] was signed Richard Bassett, Robert Rose, John Jenner, William Benfall, John Smith, Joseph Laugton, and John Richardson."]  The settlers

Book V. ~ 1656

petitioned at the same time that no farms nor villages should be granted or established within two Dutch miles of the centre of their settlement; that such as had land granted them may select it where they considered most convenient; that they may have power to admit or reject new settlers for just cause; that such lands as were not entered on within six months should be forfeit; that actual settlers be obliged to contribute to the common expenses in proportion to the extent of their farms; that they be permitted to choose, within themselves, officers to execute justice according to law, and to maintain peace and manage town affairs; also officers to discipline the settlers 'in a military way.'  They requested a copy of the laws of the country 'drawn out in English,' that they may know how to conduct themselves, when they transgress the same, and how to punish evil-doers, with power to make orders for town matters 'not repugnant to the fundamentals of your laws.'  They finally craved arms and ammunition for self-defence, on paying therefor, and that whatever wriings may pass between themselves and the government be in English, so that they 'may fully and perfectly understand them.'  Thomas Wheeler, Thomas Newman, and John Lord were

Mar. 28.

selected as magistrates, but the conclusions on the other demands were postponed until the Director and Council should have an opportunity to consult the petitioners.  Thus happily terminated a misunderstanding which threatened, at first, a different issue.  This settlement was henceforth called 'Oostdorp' by the Dutch, and East-town by the English. 1  [Footnote 1 reads as follows:  "Alb. Rec. iv., 187; x., 38, 39, 250, 315, 316, 321, 322, 328-331, 335-337, 340, 343-346; xi., 283-285, 291, 300-303, 308-313, 318-321; xvi., 303.  When the English appeared before New Amsterdam, (August, 1664,) the inhabitants of Westchester addressed a petition 'to his Majesty's Commissioners for the affairs of New England,' in which, after setting forth the purchase of this tract by Pell, they refer to the arrest of the twenty-three settlers by Capt. De Koninck, who they say 'were committed prisoners to the hould of a vessel, where they continued in restraint from all friends, for the space of thirteen days, fed with rotten provision, creeping with worms, whereby some of them remained diseased to this day, after which they were carried away in chaines and laid in their dungeon at Manhatoes; that they had perished with famine in the said impris- [Page 314 / Page 315] onment but for the relief obtained at other hands,' and 'that when the said pretended powers had freed the said prisoners and introduced their own government over the said plantation, they drove away such as would not submit to their pretended authority, to their great endamagement, and the enslaving of such as remained.'  Book of General Entries, i., II.  This statement has been copied by some English writers, without, however, any reference to the real statement of the facts.  By comparison with the text, it will now be seen how blinded these men have been by their own passions.  Capt. De Koninck set out from New Amsterdam on the 7th, and returned about the 10th or 11th of March.  The prisoners were landed on the 14th, and conveyed, those who had been fugitives from justice, to prison; the others to the City Hall.  They were, therefore, only about three or four (instead of thirteen) days aboard the Ballance.  The story of 'the rotten provision,' &c., is, it is to be presumed, of the same character as this representation.  On the 15th, the day after they landed, all were liberated except five, who, having taken up arms against the authorities, were allowed to settle in the other towns of the province, on giving security for keeping the peace.  The privileges granted to the town, show that the settlers were placed on a par with the other settlements in New Netherland, and do not in any way substantiate the representations made to his Majesty's commissioners."] 

[Page 314 / Page 315]

Chap. VI. ~ 1656

At the close of the year, another nomination, in conformity to their patent, was sent in, and Messrs. Newman, Lord, and John Smith were appointed magistrates.  Capt. Brian Newton, Secretary Van Ruyven, and Commissary Van Brugge, were sent thither to administer the oath of office to these men, and that of allegiance to the other inhabitants.  The latter, however, objected to taking the oath in the absolute sense in which it was drawn, and would promise obedience only to the law provided it was conformable to that of God; their allegiance was to continue only 'so long as they remained in the province.'

1657.  Jan. 1.

This form having been agreed to, was signed by fifteen of the settlers.  The whole population at this time amounted to twenty-five men, and ten to twelve women.  Six of the former were absent when the commissioners visited the place, and Anthony Gill refused to sign the declaration. 1  [Footnote 1 reads as follows:  "This first day of January, Anno 1657:  In East towne in the New Netherlands:  Wee hose hands are onder writen do promise to owne the Gouernor of the Manatas as our Gouernor and obey all his magistrates and lawes that are made accordin to God so long as we liue in his jurisdiction.  (Signed) Robbert Bassett, George x Reith, John Finch, John Wilson, Richard x Horton, Thomas x Taylor, Hendrick x Cornelysen, Thomas x Marsin, Nick Loobey, John Quimbee, Josiah Cibber, Obadiah Cibbord, Jonathan Llockwood, Robert x Meacker, Jeffery x Fferris.  The meeting to sign the above paper was called by beat of drum.  The commissioners were desirous, for dispatch sake, to have the people assembled on Sunday, but they would not consent:  'It was their [Page 315 / Page 316] Sabbath.'  Of their mode of worship the commissioners give in the journal of their expeditioin the following account:  '31 Dec.  After dinner Cornelis van Ruyven went to the house where they held their Sunday meeting, to see their mode of worship, as they had, as yet, no preacher.  There I gound a gathering of about fifteen men, and ten or twelve women.  Mr. Baly said the prayer, after which one Robbert Bassett read from a printed book a sermon, composed by an English clergyman in England.  After the reading, Mr. Baly gave out another prayer and sung a psalm, and they all separated.']

[Page 315 / Page 316] 
Book V. ~ 1657.

The people complained seriously of annoyance they experienced from the Indians, who, having guarantied the quiet possession of the land to Mr. Pell, were now displeased that the settlers had submitted to the Dutch, especially as Mr. Pell insisted on having either his money returned, or the conditions of the sale honestly fulfilled.  On this account they insisted on the restoration of their arms, which, they said, were not all returned according to promise.  In their present condition they were exposed to great danger, should the Indians attack them, and therefore they demanded means to protect themselves. 1  [Footnote 1 reads as follows:  "'Honored Sir, wee humbly desire and requestthat you would be pleased to send us a count book and those twelve muskets which you spak of, with the rest of the ammunition for the use and safeguard of our plantations with the orders and lawes which we are to walk by that wee may know how to act.   From Este towne the 1st of January, 1657, Thomas Newman.'"]

Source:  O'Callaghan, E.B., History of New Netherland; or, New York Under the Dutch, Vol. II, pp. 312-16 (NY, NY:  Bartlett and Welford, 7 Astor House, D. Appleton and Company, No. 200 Broadway 1848).

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1901 Notice of Foreclosure Sale of Properties in Pelham Belonging to the New York & Westchester Water Company

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In 1901, a notice of a foreclosure sale of the properties of the New York & Westchester Water Company appeared in New York City newspapers on a number of occasions. A number of the properties involved were located in Pelham. I have been researching the incidents that led up to this notice and what transpired thereafter. I will provide a series of posts detailing some of the background. Today's post transcribes the notice.

"SUPREME COURT, COUNTY OF WESTCHESTER. - CENTRAL TRUST COMPANY OF NEW YORK, PLAINTIFF, against NEW YORK & WESTCHESTER WATER COMPANY, and others, Defendants. In pursuance to a judgment of foreclosure and sale herein, bearing date the 29th day of April, 1901, and filed in the office of the Clerk of the County of Westchester, on the 2d day of May, 1901, the undersigned Referee in said judgment named will sell at public auction at White Plains, at the front door of the County Court House of the County of Westchester, and State of New York, on the 17th day of June 1901, at 12 o'clock noon, the premises directed in said judgment to be sold, which said premises are described as follows: All the lands, tenements, buildings, fixtures, machinery, tools, implements, fuel, materials and property both real and personal now owned, connected with or used in the operating of said water works or appurtenances thereto, and also all the mains and structures and all the rights, credits, income, profits and franchises of the New York & Westchester Water Company constructed and operated and all the rights, privileges and appurtenances thereunto belonging. The following property is included in the above general mortgage description, but for greater certainty a more specific description thereof is hereunto annexed: All the right, title and interest of the New York & Westchester Water Company in and to all those two certain lots, pieces or parcels of land, situated,lying and being in the town of Pelham, County of Westchester and State of New York and known on a certain map entitled 'Lands of F. A. R. Marquand, near Pelhamville, N. Y.,' made by R. W. Burrows, C. E., December 28, 1888, and filed in the office of the Register of Westchester County as lots number 9 and 10 and bounded and described as follows: Northeasterly in front by the extension of Third Street as laid down on said map: southeasterly on one side by lot number 8; southwesterly by part of lot number 31 and the centre line of Hutchinson Creek and westerly and northwesterly by the centre line of said Hutchinson Creek as laid down on said map, being the same premises on which the pump house, etc., is now situated. Together with the appurtenances and all the estate and rights of the grantors in and to said premises. All the right, title and interest of the New York & Westchester Water Company in and to all that lot, piece or parcels of land in the town of Pelham, Westchester County, New York, viz: On Sparks Avenue or street and beginning at a point formed by the intersection of said Sparks street or avenue and the centre of Hutchinson's River, thence northerly through the centre of said river 100 feet; thence easterly 50 feet; thence southerly 100 feet; thence westerly 50 feet to the point or place of beginning. Together with the appurtenances and all the estate and rights of the grantors in and to said premises. All the right, title and interest of the New York & Westchester Water Company in and to that certain tract or parcel of land situate, lying and being in the town of East Chester, in the County of Westchester and State of New York, bounded and described as follows, to wit: Beginning at a point in the centre of the Hutchinson Creek adjoining the lands formerly of A. Beebe (now of said Edward F. Brush), thence westerly along the northerly boundary line of said land formerly of A. Bebe to a point nine hundred (900) fee easterly from the easterly side of a road known as the California Road and running from thence through the lands of said Edward F. Brush (formerly Minott Mitchell) the following courses and distances: Norther 22° 40', east 350 feet, north 88° 07', west 470 feet, north 4° 45', west 515 feet, north 41° 35', west 179 feet to a post at the end of a stone wall; thence again through the lands of said Edward F. Brush (formerly Minott Mitchell) the following courses and distances, to wit: South 48° 28', east 700 feet, north 22° 40' east to a point (where a line drawn easterly and at right angles therefrom to the centre of Hutchinson Creek, and thence following the course of said Hutchinson Creek, and thence following the course of said Hutchinson Creek southwesterly as the same winds and runs to the point and place of beginning would comprise in the whole tract hereby intended to be conveyed 16 acres; thence easterly from said last mentioned point at right angles with said last mentioned course to said Hutchinson Creek, and thence southwesterly along the centre of said Creek as the same winds and runs to the point or place of beginning, containing within said boundaries sixteen (16) acres of land. Being a portion of the premises conveyted to said Edward F. Brush by Juliet D. Frost by deed dated January 8, 1889, and recorded February 6, 1889, in Liber 1157 of Deeds, page 89, together with the appurtenances and all the estate and rights of the grantor in and to said premises. Also all the pipe lines of the New York & Westchester Water Company, which generally described are as follows: They start near the intersection of Pelhamville Street and Willow Street, in Pelhamville, close to the New Rochelle line, and run thence through Fifth Avenue, or Wolf's Lane, in a southerly direction to the Pump House on Third Street, with various branches in the Village of Pelhamville, all connecting with the main line; they continue south from the pumping station at Third Street, along Wolf's Lane to the Old Boston Post Road, at which the line branches one branch running in a generally southerly direction to the Boston Road and the other in an easterly direction along the Old Boston Post Road to Pelhamdale Avenue, thence southerly to the Boston Road, together with various branches in the Village of Pelham Manor thence in a southwesterly direction on the Boston Road to its intersection with the pipe line of the Upper New York City Water Company. A line commences at the intersection of Highland Avenue and the Old Post Road and runs southerly along Highland Avenue; thence westerly through Jackson or Hudson Avenue, to the Pelham Road, and thence in a generally southerly direction through or near the Pelham Road to the Throgg's Neck Road. A line branching from that above described commences at Bartow and runs generally in a southeasterly direction through Rodman's Neck, to City Island and thence to Hart's Island. Various branches connect with this line on Hart's Island, City Island, Rodman's Neck, and in and about Bartow. A line commences at the intersection of Pelham Road and Eastern Boulevard, runs in a generally southerly and then southwesterly direction on Eastern Boulevard through Schuylerville to Unionport. A branch commences at the intersection of Pelham Road with Middletown Road, runs along said last mentioned road in a generally easterly direction and supplies numerous private residences and the Westchester Country Club. A line commences at the intersection of the Pelham Road with the Throgg's Neck Road, runs in a generally southeasterly direction to Fort Schuyler and supplies various private properties and contains numerous branches supplying certain adjacent settlements. A line branches from the Eastern Boulevard southerly on Ferris Avenue and certain branches therefrom supplying adjacent residences. A line commences at the intersection of Pelham Road and Throgg's Neck Road and runs generally in a westerly direction under Westchester Creek into the Village of West Chester, together with the various branches connecting therewith in the streets, avenues of said village. A line runs from West Chester northwesterly along the Williamsburg Road to the Village of Williamsbridge, with the branches connecting therewith in the various streets and avenues of Williamsbridge, and continues along the White Plains Road through the villages of Wakefield and South Mount Vernon, with branches through the various streets and avenues of said villages. A branch runs through 19th Avenue to the intersection of said avenue with the Kingsbridge Road, where it intersects pipe of the Upper New York City Company. The line continues along the White Plains Road and crosses the tracks of the New York, New Haven and Hartford and the New York Central railroads to the Glen Park Pump House. Returning along Williamsbridge Avenue there are three lines into the Morris Park Race Track and the adjacent property, and a large number of lines situated within the park enclosure. A line commences in the Village of West Chester, runs in a generally southwesterly direction along the Westchester Road through Unionsport and the McGraw and Mapes estates, with lines branching therefrom and connecting with the villages of Van Nest and Park Versailles, with various branches in the streets and avenues of said villages of Unionport, Van Nest and Park Versailles. A line commences at the intersection of the Unionport Road with the Westchester Road, runs along said last mentioned road northwesterly to the Catholic Protectory and thence over the track of the New York, New Haven and Hartford R. R. Co. at Van Nest Station along the Unionport Road to a fire hydrant distant about 500 feet from Morris Park Avenue. The Water Company also owns all pipe situated in Van Nest Park. There are numerous fire hydrants, gates and gateboxes connected with the lines of pipe above described, all of which are also owned by the Company. No bid will be accepted by the Referee herein at said sale from any bidder who shall not deposit at or prior to the time of the sale the sum of $10,000 in cash or certified check upon a National bank of the City of New York to the order of the Referee; such deposit of cash or check shall be returned to the bidder if his bid be not accepted. In addition to the payment at the time of making the bid such further portions of the purchase price shall be paid in cash as the court may by its orders direct. Any further amounts to be paid on the purchase price of the property may be paid in cash or in bonds and coupons belonging thereto and secured by the mortgage set forth in the complaint; such bonds and coupons will be received at such price or value as shall be equivalent to the distributive amount that the holders thereof would be entitled to receive thereon in case the entire amount of the bid shall be paid in cash. The property will be sold subject to all taxes and assessments which are at the time of said sale liens upon the same, except and only as far as the court may hereafter direct the payment of such liens out of the proceeds of sale. The purchaser or purchasers at such sale shall not be required to assume or adopt any contracts or agreements of the defendant Water Company, but shall have the right to elect whether or not to assume or adopt the same or any thereof within six months after the completion of the sale. The amount of the lien or charge to satisfy which the above described property is to be sold is $690,785, with interest thereon from April 22, 1901, together with the costs and allowances of this action and the expenses of the sale. For a further and more particular description of the premises so to be sold and conditions of said sale, reference is hereby made to said decree of foreclosure and sale on file in the office of the County Clerk of Westchester County, at White Plains, New York, and to the original mortgage foreclosed.

Dated May 25, 1901.

ALBERT H. F. SEEGER. Referee.
BUTLER, NOTMAN, JOLINE & MYNDERSE, Attorneys for Plaintiff, 54 Wall Street, New York City."

Source: Foreclosure Sales. Supreme Court, County of Westchester. - Central Trust Compnay of New York, Plaintiff, against New York & Westchester Water Company, and Others, Defendants, New-York Tribune, Jun. 14, 1901, p. 8, col. 6.

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