The Election of Pelham Patriot Philip Pell III to Congress in 1788 Over Alexander Hamilton and Others

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Today is town-wide election day in the Town of Pelham!  All Pelham residents in both villages should exercise their right and privilege to vote today!  

In honor of election day, today's Historic Pelham article will detail an important election held in the earliest days of our Republic.  In that election, famed Pelham Revolutionary War hero Philip Pell III defeated Alexander Hamilton and others to be named one of five members of Congress to represent the State of New York as a delegate to the United States Congress "for one year, or until the new constitution shall be put into operation."

Philip Pell III

Philip Pell I of the Manor of Pelham was a son of Thomas Pell (referenced by members of the Pell family as "Third Lord of the Manor of Pelham) who died between December 21, 1751 and May 27, 1752. He married Hannah Mott. 

Philip Pell I and Hannah Mott had a son they named Philip. Philip Pell II (b. 1732; d. 1788) married Gloria Tredwell and is believed to have built the original Pell farmhouse that forms a portion of the home that still stands at 45 Iden Avenue known as Pelhamdale, listed on the National Register of Historic Places. 

Philip Pell II and Gloria Tredwell had a son they also named Philip. Philip Pell III, often referenced in some records, confusingly, as Philip Pell, Jr. as is his father, occasionally), became an illustrious citizen of Pelham. He served as Deputy Judge Advocate General of the Continental Army. Some have claimed he served for a time, as Acting Judge Advocate General during the Revolutionary War. He rode triumphantly with George Washington into Manhattan on Evacuation Day at the close of the War. He served as a Delegate to the Continental Congress, a member of the New York State Assembly, a Regent of the University of the State of New York, and Surrogate of Westchester County. Philip Pell III lived in a home that he built near today's Colonial Avenue (the old Boston Post Road) and today's Cliff Avenue on a farm that encompassed much of today's Pelham Heights and the grounds of the Pelham Memorial High School.

Background of the Election

In late 1788, the nation was in an unusual state.  The Articles of Confederation that preceded the United States Constitution were still in force.  Although New Hampshire became the critical ninth State to ratify the new Constitution only months before on June 21, 1788.  The new government under the new Constitution, however, was not scheduled to begin operations until March 4, 1789.

On December 15, 1788, the State Assembly of the State of New York began a multi-day session during which, among other things, it had to elect, with the New York Senate, a slate of men to serve as delegates to the United States Congress to represent the State of New York "for one year, or until the new constitution shall be put into operation."

The first order of business that day was for the Assembly to determine how many delegates should be sent to represent the State in Congress.  There previously had been three such representatives.  However, given transportation and other difficulties of the day, the State occasionally was left unrepresented at critical times because no one was able to attend.  The Assembly (and later the State Senate), voted to expand the number it would send from three to five.

The following day (December 16, 1788), the Assembly considered and voted to choose five men from among eleven candidates to represent the State in Congress.  Among those considered was Philip Pell III who, at the time, was an Anti-Federalist and resident of the newly-established Town of Pelham that had been created by the State Legislature only months before on March 7, 1788.  Another candidate considered was ardent Federalist and American Patriot Alexander Hamilton.  The final tally was:

Abraham Yates, Jr.              34
John Hathorn                       31
Philip Pell                             30
David Gelston                      29
Samuel Jones                      26
Leonard Gansevoort            23
Alexander Hamilton             22
Egbert Benson                     21
Ezra L'Hommedieu              21
John Lawrence                    17
Z. Platt                                   1

After the vote, members of the State Senate attended in the Assembly chamber for a joint session.  When the Senate presented the five delegates it had chosen, all had been rejected by the Assembly.  The five chosen by the Senate were:  Alexander Hamilton, Ezra L'Hommedieu, John Lawrence, Egbert Benson, and Leonard Gansevoort.

After a little good old fashioned arm-twisting, a joint ballot of the Assembly and Senate was conducted.  The final tally was:

Abraham Yates, jun.        39
David Gelston                  37
John Hathorn                   37
Philip Pell                         37
Samuel Jones                  36
Ezra L'Hommedieu          33
Alexander Hamilton         32
Egbert Benson                32
Leonard Gansevoort       32
John Lawrence                29
Thomas Tredwell              1

The joint session elected the same five men that the House originally chose:  Abraham Yates, Jr.; David Gelston; John Hathorn; Philip Pell; and Samuel Jones.  Those five were declared to be the duly elected delegates to represent New York in the United States in Congress assembled, "for one year, or until the new constitution shall be put into operation."  The Town of Pelham's own Philip Pell III was among the five.

*          *          *          *          *

I have written on numerous occasions about famed American Patriot Philip Pell III.  For examples, see:

Mon., Feb. 15, 2016:  More on Revolutionary War Patriot Philip Pell, Jr. of the Manor of Pelham.  

Tue., Mar. 07, 2017:  Philip Pell of the Manor of Pelham Was a Commissioner to Partition Manor of Scarsdale Lands.  

Fri., Jan. 30, 2015:  Stained Glass Window Honoring Philip Pell of the Manor of Pelham in St. Paul's Chapel of Columbia University.

Mon., Jan. 27, 2014:  What is that Memorial Tablet Next to Pelham Memorial High School and Who Was Col. Philip Pell?

Tue. Feb. 9, 2010:  1755 Census of Slaves Older than Fourteen in the "Mannour of Pelham."  

Fri., Jan. 9, 2009:  Another Brief Biography of Philip Pell of the Manor of Pelham.  

Tue., Dec. 4, 2007:  Philip Pell of Pelham Elected to Chair Meeting of Supporters of the New York Gubernatorial Candidacy of George Clinton in 1789.  

Mon., Nov. 5, 2007:  References to Philip Pell in the Minutes of the Commissioners for Detecting and Defeating Conspiracies in the State of New York.  

Fri., Mar. 30, 2007:  Biographical Information for Philip Pell Published in 1895.  

Fri., Mar. 9, 2007:  Abstract of Will of Philip Pell, Sr. of the Manor of Pelham Prepared in 1751 and Proved in 1752.  [This is an abstract of the will of the father of Col. Philip Pell.] 

Wed., Oct. 18, 2006:  18th Century Statutes Appointing Philip Pell, Sr. of Pelham To Collect Taxes on "Strong Liquors Retailed in This Colony."  [This is the father of Col. Philip Pell.]

Thu., Aug. 24, 2006:  Philip Pell of the Manor of Pelham: An Early Victim of the "Spoils System" in New York at the Turn of the 19th Century.  

Mon., Jul. 17, 2006:  1780 Letter to George Clinton from American Patriot Philip Pell of Pelham Manor, Commissary of Prisoners of the State of New York.   

Thu., Apr. 20, 2006:  1788 Campaign Broadside Urging Support for Candidate Opposing Philip Pell of Pelham Manor.  

The Homestead of Colonel Philip Pell III that Once Stood

Near Today's Colonial Avenue (the old Boston Post Road)

and Today's Cliff Avenue.  Source:  Montgomery, William R.

& Montgomery, Frances E., Colonel Philip Pell (1753-1811)

Abridged from "The Pells of Pelham," The Pelham Sun, Oct.

21, 1938, pg. 11, col. 3.  NOTE:  Click on Image to Enlarge.

Granite and Bronze Memorial to Col. Philip Pell III on

Grounds of the Pelham Memorial High School.  Source:

Photograph by the Author, 2004.  NOTE:  Click on Image

to Enlarge.

*          *          *          *          *

Below are two newspaper accounts describing the events that are the subject of today's Historic Pelham article.  Each is followed by a citation and link to its source.

"American Intelligence.
-----

NEW-YORK, Dec. 26, 
Proceedings of the Legislature.
HOUSE OF ASSEMBLY.

Monday, December 15, 1788.

THE fee bill was read a second time, and committed.

The bill for putting the constitution into operation, was also read a second time and committed.

A message was received from the Senate, non-concurring with the resolution for choosing only 3 members of Congress, and proposing 5 if they also sent another resolution, requiring the House to appoint a committee, to meet a committee from the Senate, to take into consideration the appointment of a State Printer.

On motion of Mr. Jones, the last resolution was agreed to, without opposition; and Messrs. Adgate, J. Van Rensellaer, Hoffman, B. Livingston, and Havens, were appointed on the part of the House.  [The committee from the Senate are General Schuyler, Mr. Lawrence, and Mr. Tredwell.]

Mr. Harrison then moved to concur with the Senate in the resolution for appointing five delegates to Congress.

Mr. Speaker, said he, when that matter was before the House on Saturday, I remember that the principal argument for having only 3, was the additional expence.  In matters of such infinite importance, the article of expence ought not to be principally attended to; it was also observed, that we had formerly been represented by three.  Sir, the conduct of government for deviating from the number and electing 5, is a strong reason why we should agree with the proposition now before us; for, if there had not been cogent reasons for increasing the number, it certainly would not have been done. -- I believe the true reason was, that by appointing only three, the State was seldom represented.  We may better prefer the certainty of a representation, to a trifling expence; and though the present delegation, it is true, is to be only for a short period, yet in this interval consequences may arise which may affect the latest posterity.  Congress may enter into treaties, or other important negotiations that may highly interest our happiness and [illegible.]  We ought not, therefore, to fac[illegible] safety to trifles.  I hope, sir, we sha[illegible] with the Senate.

The question being taken, it was agreed to unanimously.

Mr. Jones moved for leave and brought in a bill for the relief of debtors with the respect to the imprisonment of their persons, which being read a first time was ordered a second reading.

Went into a committee on the Governor's speech.  

Mr. Low in the chair.

After some time spent thereon, the committee rose and reported that they had agreed to a resolution for passing a bill to comply with the requisition of Congress for the year 1788. -- This resolution was adopted by the house, and the committee of ways and means directed to bring in the bill.

Adjourned.

Tuesday, December 16.

The bill for the relief of debtors, with respect to the imprisonment of their persons, was read a second time and committed.

The house then took up the day to nominate and appoint five delegates to Congress.

The following is a correct list of the votes:

A. Yates, jun.                    34
J. Hathorn                        31
Ph. Pell                             30
D. Gelston                        29
S. Jones                           26
L. Gansevoort                  23
Alex. Hamilton                  22
Egbert Benson                 21
E. L'Hommedieu              21
J. Lawrence                     17
Z. Platt                               1

Mr. Yates, Mr. Jones, Mr. Pell, Mr. Gelston, and Mr. Hathorn, having the greatest number of votes, the house resolved that, on the part of the assembly, they were nominated delegates to represent this State in Congress.

The Senate soon after attending in the assembly-chamber to compare the nominations of both houses, it appeared that they had differed wholly with the assembly, having nominated Mr. Hamilton, Mr. L'Hommedieu, Mr. Lawrence, Mr. Benson, and Mr. Gansevoort.

The two houses then proceeded to ballot for five delegates to Congress -- and the votes being collected, stood as follows:

Abraham Yates, jun.        39
David Gelston                  37
John Hathorn                   37
Philip Pell                         37
Samuel Jones                  36
Ezra L'Hommedieu          33
Alexander Hamilton         32
Egbert Benson                32
Leonard Gansevoort       32
John Lawrence                29
Thomas Tredwell              1

Mr. Yates, Mr. Gelston, Mr. Hathorn, Mr. Pell, and Mr. Jones, were then declared to be the duly elected delegates to represent this State in the United States in Congress assembled, for one year, or until the new constitution shall be put into operation.

The house then adjourned.

Wednesday, December 17.

The house then went into a committee on the bill for putting the new constitution into operation:

Mr. Havens in the chair.

The bill having been read, was then taken up by paragraphs.

When the first paragraph was read, which was in substance, that the Senators should be appointed in the mode prescribed by the constitution of this State for the election of members of Congress.

Mr. Harrison got up, and moved for the following clause to be substituted in lieu thereof:

'After which nomination the Senate and assembly shall meet together and compare the lists of the persons respectively nominated, and if the same person or persons is or are named on both lists, he or they shall be Senator or Senators for the united States; but if the said list shall agree only as to one of the persons therein named, and in all cafes where only one person is to be chosen and the two nominations disagree, then, one half of the persons named in such lists and not included in both, shall be chosen by the joint ballot of the Senators and members of assembly so met together as aforesaid, but if more than one person is to be chosen, and the lists shall not agree as to either of the persons named therein, then the members of the Senate shall at such meeting chuse by ballot one of the persons nominated as aforesaid by the assembly, and the members of the assembly shall in like manner chuse one of the persons nominated as aforesaid by the Senate, and the two persons so chosen shall be Senators for the United States.' 

On this motion a very lengthy debate ensued.

The following, is a list of the votes on the question to agree to the amendments.

For the affirmative.

Mr. B. Livingston
Mr. Gilbert 
Mr. Van Cortlandt
Mr. Seaman
Mr. Barker
Mr. Harrison
Mr. Hoffman
Mr. H. V. Rensellaer
Mr. Younglove
Mr. Watts
Mr. Ph. Livingston
Mr. Borton
Mr. Low
Mr. Bancker
Mr. Vandervoort
Mr. Rockwell
Mr. Verplank
Mr. Cornwell
Mr. Giles
Mr. Dongan.
-----20.

For the negative.

Mr. Jones
Mr. Carman
Mr. G. Livingston
Mr. Kortz
Mr. Yates
Mr. Frey
Mr. Staring
Mr. Speaker
Mr. Van Dyke
Mr. J. V. Rensellaer
Mr. Hardenbergh
Mr. Veeder
Mr. Winn
Mr. Duncan
Mr. Tearce
Mr. Savage
Mr. Webster
Mr. McCracken
Mr. Thomson
Mr. Bay
Mr. Schoonmaker
Mr. Tappen
Mr. Griffin
Mr. Carpenter
Mr. J. Smith
Mr. Dewitt
Mr. Wisher
Mr. Adgate
Mr. Harpur
Mr. Schenk
Mr. Akins.
-----31.

The question on the original paragraph was then put, and carried in the affirmative.  

The committee then rose, and the house adjourned."

Source:  American Intelligence, The Independent Gazeteer; or the Chronicle of Freedom [Philadelphia, PA], Jan. 2, 1789, Vol. VIII, No. 953, p. 1, col. 3 & p. 2, cols. 1-3 (Note:  Paid subscription required to access via this link).

"POUGHKEEPSIE, Dec. 30.
-----
House of Assembly.

Monday, December 15.

THE Honorable the Senate having non concurred the resolution of this House, for electing three Delegates to represent this State in Congress; they offered for concurrence a resolution, in substance, that on Tuesday next, at 12 o'clock, both Houses proceed to nominate five Delegates to represent this State in the Congress of the United States for the present year.  Which was agreed to.

Another resolution was received from the Hon. the Senate; That committees of both Houses be appointed to inquire into and report, what arrangements in the Printing Business of the State, may be proper for the Legislature to adopt.

Mr. Jones moved for leave and bro't in a bill, for the relief of debtors with respect to their persons; which was read the first time, and ordered a second reading.

Adjourned till to-morrow.

Tuesday, December 16.

The bill for the relief of insolvent debtors, &c. was read a second time, and committed to a committee of the whole.  

The order of the day, for the nomination of Delegates to represent this State in Congress, being read, the House proceeded on that business, & the members present severally nominated five persons -- And Abraham Yates, jun., David Gelston, Philip Pell, John Hathorn, and Samuel Jones, Esquires, were nominated.

After which the Hon. the Senate attended in the Assembly chamber -- when on comparing the lists, it appeared that the Senate had nominated Ezra L'Hommedieu, Egbert Benson, Leonard Gansevoort, Alexander Hamilton, and John Lawrence, Esquires.

Whereupon both houses proceeded by joint ballot, to chuse five of the said ten persons, to be Delegates to represent this State in the Congress of the United States for the present year, or until the new Constitution shall be organized; and on counting the votes, it appeared that Abraham Yates, jun., David Gelston, Philip Pell, John Hathorn, and Samuel Jones, Esquires, were elected.  

Adjourned till to morrow.

Wednesday, December 17.

Several petitions were read and com[illegible].

Mr. Havens, from the committee of the whole, on the bill, for carrying into effect, on the part of this State, the Constitution of the United States, reported further progress.

Mr. Jones moved for leave, & brought in a bill, for the further amendment of the law, which was read the first time, and ordered a second reading.

Adjourned till to morrow.

Thursday, December 18.

The bill last mentioned bill, was read a second time, and committed to a committee of the whole.

Mr. Jones, from the committee appointed to draft an address in answer to his Excellency the Governor's speech, reported, that they had prepared a draft, which he read in his place, and delivered in at the table, where it was again read, and committed to a committee of the whole.

Mr. Havens, from the committee of the whole, on the bill, for carrying into effect the new Constitution, reported further progress.

A message was received from the Honorable the Senate, with a bill, for regulating the manner of appointing Electors who are to elect a President and Vice-President of the United States of America, which was read the first time and ordered a second reading.

Adjourned till to morrow.

Friday, December 19.

The bill, for regulating the appointing electors, &c. was read a second time, and committed to a committee of the whole.

Several petitions were read, and committed.

Mr. Havens, from the committee of the whole, on the bill for carrying into effect the new Constitution, reported further progress.

Adjourned till to morrow.

Saturday, December 20.

Mr. Havens, from the committee of the whole, on the last mentioned bill, reported, that on coming to the blank in the bill where the allowance per day to the electors to nominate the President and Vice president was inserted, Mr. Speaker made a motion, that the words 'twenty shillings' should be inserted in the said blank; which was carried in the affirmative, on a division.

That the committee had gone through the bill and made amendments, which he was directed to report to the House; and he read the report in his place, and delivered the bill and amendments in at the table, where the same were again read, agreed to, and ordered to be engrossed.

Adjourned till Monday.

-----

The Honorable Philip Schuyler, and the Honorable Robert Yates, Esquires, are nominated by the Honorable, the Senate, to represent this State in the Senate of the United States."

Source:  POUGHKEEPSIE, Dec. 30 -- House of Assembly, ThoThe Country Journal, and Dutchess and Ulster County Farmer's Register [Poughkeepsie Journal] [Poughkeepsie, NY], Dec. 30, 1788, No. 178, p. 3, cols. 1-2 (Note:  Paid subscription required to access via this link).  


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Philip Pell of the Manor of Pelham Was a Commissioner to Partition Manor of Scarsdale Lands

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Care must be taken in the review of 18th century Pelham records that reference Philip Pell.  There were three successive Philip Pells, each prominent in the history of the Manor of Pelham and, later, the Town of Pelham.  Philip Pell I of the Manor of Pelham was a son of Thomas Pell (referenced by members of the Pell family as "Third Lord of the Manor of Pelham) who died between December 21, 1751 and May 27, 1752.  He married Hannah Mott.  

Philip Pell I and Hannah Mott had a son they named Philip.  Philip Pell II (b. 1732; d. 1788) married Gloria Tredwell and is believed to have built the original Pell farmhouse that forms a portion of the home that still stands at 45 Iden Avenue known as Pelhamdale, listed on the National Register of Historic Places.  

Philip Pell II and Gloria Tredwell had a son they also named Philip.  Philip Pell III, often referenced in some records, confusingly, as Philip Pell, Jr. as is his father, occasionally), became an illustrious citizen of Pelham.  He served as Deputy Judge Advocate General of the Continental Army.  Some have claimed he served for a time, as Acting Judge Advocate General during the Revolutionary War.  He rode triumphantly with George Washington into Manhattan on Evacuation Day at the close of the War. He served as a Delegate to the Continental Congress, a member of the New York State Assembly, a Regent of the University of the State of New York, and Surrogate of Westchester County.  Philip Pell III lived in a home that he built near today's Colonial Avenue (the old Boston Post Road) and today's Cliff Avenue on a farm that encompassed much of today's Pelham Heights and the grounds of the Pelham Memorial High School.  

Today's Historic Pelham article concerns Philip Pell II (husband of Gloria Tredwell) who is believed to have built the home known as Pelhamdale.  He was not only a notable citizen of the Manor of Peham but also of the County of Westchester.  

In the mid-1770s, Philip Pell II of the Manor of Pelham was one of three commissioners appointed to partition lands that once belonged to famed Westchester resident Caleb Heathcote that later became today's Scarsdale, part of Mamaroneck, part of Rye, the greater part of White Plains, and portions of New Castle and North Castle.  

Colonel Caleb Heathcote, who assembled the massive parcel that became the Manor of Scarsdale, died suddenly on February 28, 1721.  For the next few decades, his lands passed as follows, according to one Scarsdale historian:

"Colonel Heathcote died suddenly in New York on the 28th of February, 1721, leaving all his estate to his two surviving daughters, Mrs. Anne deLancey and Mrs. Martha Johnston.  By indentures of lease and release, in 1738 Martha Johnston conveyed her half of her father's estate to Andrew Johnston, a relative of her husband, and he in turn reconveyed it to Lewis Johnston and his heirs in fee.  By James deLancey and wife, and Lewis Johnston jointly all the lands in the manor were sold and conveyed or leased up to the death of James deLancey in 1760.  From that time to 1774 all deeds and leases ran jointly in the names of Anne deLancey and Lewis Johnston.  During this period a great deal of the Manor was sold both to tenants and strangers."

During the 1760s, for unknown reasons, Anne deLancey and Lewis Johnston decided to partition their jointly-owned lands.  A legal proceeding to partition the lands was begun, but Lewis Johnston reportedly died shortly after the proceeding began.  The "heirs of Lewis Johnston" were substituted in his place as parties to the partition proceeding.  By "act of the Lieutenant Governor, the Council, and General Assembly" of New York, three commissioners were appointed to partition the lands:  Philip Pell II, Jacobus Bleecker of New Rochelle, and William Sutton of Mamaroneck.  The three Commissioners were sworn in by Judge Thomas Jones, of the New York Supreme Court.  In addition, according to some sources, the three Commissioners appointed Philip Pell II's son, Philip Pell III, as clerk to the Committee.  They also appointed Charles Web as surveyor.  

According to one account:  "[t]he work of surveying the lands occupied the time from June 7th to August 16th, 1774.   As a result of this survey all the land was divided into numbered lots equally matched in pairs, as nearly as could be conveniently done."

The mechanics of the partitioning process implemented by the three Commissioners was quite fascinating.  According to one account:

"On the 11th day of October, 1774, the Commissioners, together with John Harris Cruger, in his capacity as a member of the Council of the Province, met at Hull's Hotel on Broadway in New York in New York to carry out the balloting or drawing of the lots to the two owners.  A boy, John Wallis by name, was blind-folded, and he then proceeded to draw lots in the different divisions seriatum, beginning first at the north division, taking out first a ticket with the number of a lot and then a ticket with the name of the owner.  The latter tickets bore the name of 'Anne deLancey,' or the words 'Heirs of Lewis Johnston.'  The Commissioners carefully recorded each drawing as it was made and when the whole was completed the proceedings were duly certified to by the signature of John Harris Cruger, as the Councilor of the Province, present."

In short, in addition to shaping the history of the Manor of Pelham and, later the Town of Pelham, members of the Pell family who resided in Pelham helped shape the histories of many local communities throughout Westchester County.  

Engraving Depicting Caleb Heathcote Engraved by V. Balch

Ca. 1855-1865 from an Oil Portrait of Heathcote in the Collections

of the New-York Historical Society Attributed to Heathcote Master.

NOTE:  Click on Image to Enlarge.

*         *          *          *          *

"WHEREAS Heathcote Johnston, John Burnett, Anne Burnett, Bowes Reed, and Margaret Reed, did make, and with their hands subscribe, a certain writing bearing date the 30th day of December, in the year of our Lord 1773, and published the same, for twelve weeks successively, in Rivington's New-York Gazetteer, or Connecticut, Hudson's River, New-Jersey, and Quebec Weekly Advertiser, printed by John Holt, being two of the public news-papers of this colony; which said certain writing is, by the tenour thereof, directed to all persons interested in the lands hereafter mentioned, and recites that, Whereas Francis Lovelace, Esq.; Governor General, under his Royal Highness James Duke of York, Albany, &c. of all his territories in America, by his letters patent under his hand and seal, bearing date at Fort James, in New-York, on Manhattan Island, the 16th day of October, in the 20th year of the reign of his late Majesty King Charles II, annoque domini 1668, therein reciting, that there was a certain tract or parcel of land within the government of New-York, upon the Main, contained in three necks, of which the eastermost is bounded with a small river, called Mamaroneck river, being also the east bounds or limits of the said government upon the Main, and the westermost with the Gravelly or Stony Brook, or river, which makes the east limits of the land known by the name of Mr. Pell's Purchase, having to the south the Sound, and running northward, from the marked trees upon the said necks, twenty miles into the woods; which said tract, or pracel of land, had been lawfully purchased of the original Indian proprietors, by John Richbell, of Mamaroneck, Gentleman, in whole possession then it was, and his title thereunto0 sufficiently proved, both at several Courts of Sessions, as also at the General Court of Assize.  For a confirmation, therefore, unto the said John Richbell, in his possession and enjoyment of the premises, he, the said Francis Lovelace, did, by virtue of the commission and authority unto him given by his Royal Highness, give, ratify, confirm, and grant unto the said John Richbell, and to give his heirs and assigns, for ever, all the before recited tract or parcel of Land.

And whereas Caleb Heathcote, Esq.; aftewards became seized in fee of the greatest part of the lands contained in the eastermostof the said three necks, granted by Francis Lovelace, unto the aforesaid John Richbell, in manner and form aforesaid.

And whereas his late Majesty King William III by letters patent under the great seal of the colony of New-York, bearing date on the 21st day of March, in the fourteenth year of his reign, Anno Domini 1701, did grant and confirm unto Caleb Heathcote, Esq.' and to his heirs and assigns, for ever, all his right and title of, in, and to such lands as he was entitled to in the said East Neck; in which said confirmation the said lands are described to be a tract of Land in the county of Westchester, beginning at a marked tree by Mamaroneck river, which is the eastermost side of the northern bounds of Mamaroneck township, being abouut two miles from the country road, and to run along the said river to the head thereof; and thence, on a north line, until eighteen miles from the said marked tree are completed; westerly at the marked tree, or Great Rock, being in the westermost part of the said northern bounds of the aforesaid township, being about two miles from the said country road; and thence to run northerly eighteen miles, as the line on the eastermost side of the said land runneth, including therein his eighth part of the two miles laid out for the town of Mamaroneck, with the lot he then lived on, and the lot bought of Alice Hatfield, with the lands and meadow below, westerly to a path to him belonging by virtue of his deeds and conveyances, part of which lands within the bounds aforesaid, was purchased by John Richbell, from the native Indian proprietors, which said John Richbell, from the native Indian proprietors, which said John Richbell had a grant and confirmation for the same, from Colonel Francis Lovelace, late Governor of the said province, and the right of the said John Richbell therein was legally vested in the said Caleb Heathcote, and other part had been purchased by the said Caleb Heathcote of the native Indian proprietors.

And whereas William Penoyer, and Thomas Penoyer, of Mamaroneck, in the county of Westchester aforesaid, did, on the eighth day of December 1708, for a valuable consideration, grant, bargain, and sell unto the aforesaid Caleb Heathcote and to his heirs and assigns, for ever, all their rights, title, and interest in lands and meadow in the township of Mamaroneck; being the home lot where the said Penoyers, by the inhabitants of Mamaroneck, that is to say, the lots number two and three, together with all the salt and fresh meadows, or any lands or meadows any ways appertaining or belonging to them, within the town of Mamaroneck aforesaid:  And whereas Thomas Penoyer, of Stamford, in the county of Fairfield, and colony of Connecticut, in New Engand, did, on the 26th day of December 1716, for a valuable consideration, grant, bargain, and sell unto the aforesaid Caleb Heathcote, and to his heirs and assigns, for ever, a certain right or tract of land ying within the bounds of Mamaroneck aforesaid, to wit, the one twelfth part of all the lands lying west of the river called Mamaroneck river, and east of a brook which runs down into a creek that parts or runs between the East Neck, so called, and the neck which Mr. Samuel Palmer then lately lived upon, and between the country road and a line extended two miles northerly, or north from said road, bounded with other rights of land, whether laid out or not laid out, or both together, by the said river called Mamaroneck river on the east, and by the brook abovesaid on the west, and by the said line extended two miles north, or northerly, on the north; and by the said country road on the furth, or how otherwise the said lands may be bounded, or reputed to be bounded.  And also a certain right of meadow situate within the bounds of Mamaroneck, lying below, or southerly of the country road; and one twelfth part of one third part of all the meadows, both salt and fresh, lying on or adjacent to the neck commonly called the East Neck, whether laid out or to lay out, and however the same is bounded or reputed to be bounded.  

And whereas the said Caleb Heathcote died seized of a certain tract of land in Harrison's Purchase, in the said county of Westchester, now in the possession of Coenradt Coon, which said tract of land last mentioned begins at an oak tree by Mamaroneck river, and runs from thence to a chestnut tree on the same river, and adjoining to the lands of the said Jacob Gidney, and from thence, still northerly, to a heap of stones, thence southerly to the road leading from Job Haddens to Mamaroneck; thence northerly along the road to a black oak tree, thence northerly along the lands of Caleb Gidney to the lands of Joseph Haviland, thence south westerly along said Haviland's land, to Mamaroneck river aforesaid; and from thence along the said river, as the same runs, to the place of beginning, containing 227 acres, one quarter of an acre, and thirty three rods.  --  They, the said Heathcote, Johnston, John Burnett, Anne Burnett, Bowes Reed, and Margaret Reed, did, in and by the said writing, declare that they were part owners of all the lands contained in the boundaries of the several tracts before mentioned, which remained unsold and undisposed of by the said Caleb Heathcote in his life time, or by his descendants after his death, and did thereby give notice that Philip Pell, of the manor of Pelham, Jacobus Bleecker of New Rochelle, and William Sutton, of Mamaroneck, and all of the county of Westchester, Esquires, were appointed to make partition of the said lands, pursuant to one certain act of the Lieutenant Governor, the Council, and General Assembly, entitled 'An act for the more effectual collecting his Majesty's quitrents in the colony of New York, and for partition of lands in order thereto,' passed the 8th day of January 1762; and to one other certain act of the Governor, the Council, and General Assembly of the colony of New-York, entitled, 'An act to continue an act, entitled, 'An act for the more effectual collecting his Majesty's quitrents in the colony of New-York, and for partition of lands in order thereto;' and also to continue one other act, entitled, 'An act to explain part of an act entitled, 'An act for the more effectual collecting his Majesty's quitrents in the colony of New-York, and for partition of lands in order thereto,' passed the 30th day of December 1768. -- And that the said commissioners would meet on Tuesday the 5th day of April then next, at the house of James Besly, at New Rochelle, in the county of Westchester aforesaid, to proceed to the partition of the said lands, as by the said writing so published as aforesaid, reference being thereunto had will more fully and at large appear.

NOW, THEREFORE, WE, the said Philip Pell, Jaccobus Bleecker, and William Sutton, the commissioners appointed as aforesaid, do hereby signify our appointment, and give notice that we will meet at the dwelling house of William Sutton, Esq.; at Mamaroneck, in the county of Westchester aforesaid, on Monday the 6th day of June next, at ten of the clock in the forenoon of the same day, to proceed to the partition of the lands aforesaid.  And we do hereby also desire all persons concerned to attend accordingly.  Given under our hands, at New Rochelle, in the county of Westchester aforesaid, this 5th day of April, 1774.  

PHILIP PELL.
WILLIAM SUTTON.
JACOBUS BLEECKER.

32          37

Source:  WHEREAS Heathcote Johnston . . . [Notice], The New-York Journal; Or The General Advertiser [NY, NY], Apr. 14, 1774, No. 1032, p. 3, col. 3.  

"THE PARTITION OF THE LANDS OF COL. CALEB HEATHCOTE.
-----
(Alvah P French.)

The commissioners appointed to make partition of the lands of Col. Caleb Heathcote, which finally became the property of Anne de Lancey and Martha Johnston, were:  Philip Pell, Jr., Jacobus Bleecker, and William Sutton.  The legal notice appeared in Rivington's New York Gazetteer and Holt's New York Journal.  This was in March, 1774, and on the 5th of April of the same year the Commissioners met and organized at the house of Thomas Besby, in what is now the city of New Rochelle.  The clerk, Philip Pell, Jr., and the Commissioners were sworn in by Judge Thomas Jones, of the Supreme Court.  The Commission next met at the house of William Sutton, in Mamaroneck, June 6, 1774, and the proceedings in due course were completed under them according to law and the custom of the day."

Source:  French, Alvah P., THE PARTITION OF THE LANDS OF COL. CALEB HEATHCOTE, Magazine of American History, Vol. IXL, No. 3, p. 24 (Mar. 1912).

"Picturesque History of the Manor of Scarsdale Is Told by Mrs. Harrington

The History of the County of Westchester and, more particularly, the Town of Scarsdale is especially interesting to those familiar with these charming places.  In the days when the eastern seaboard was under the dominion of Great Britain there were established in Westchester County six Manors granted by Royal Patents from the Crown which definitely bounded in one great tract all the land belonging to the patentee who became Lord of the Manor.

The Manor of Scarsdale was one of these and was formed by Colonel Caleb Heathcote, the sixth son of Gilbert Heathcote, Mayor of Chesterfield, Derbyshire, England, Colonel Heathcote came to this country in the year 1691 and was Mayor of the City of New York from 1711 to 1714.  He was a shrewd business Man; deeply interested in the settling and development of the new world.  Prior to Heathcote's coming to America, Mr. John Richbell had secured title to large tracts of land in Mamaroneck and Scarsdale.  In 1697 Colonel Heathcote purchased from Mrs. Anne Richbell, widow of John, all the lands which she had inherited upon the death of her husband.  John Richbell had originally purchased them from the Indians, but it is apparent that the Indians still had some claim to these lands, as Colonel Heathcote obtained from them a deed as well.  On March 21, 1701, Colonel Heathcote, by these various purchases and acquisitions of land having become the owner of a vast farming territory, was granted by King William III, a Royal Patent which he named the Manor of Scarsdale after that division of the beautiful County of Derby in England, where he was born.  'Scars' meaning 'rocky craigs' and 'dale' meaning 'valley.'

The Manor of Scarsdale comprised what now constitutes all of the Town of Scarsdale, part of the present Town of Mamaroneck, part of the present Town of Rye, the greater part of White Plains and portions of the Town of New Castle and North Castle.  Accurately set out by metes and bounds, the description of the boundaries of Scarsdale Manor, as taken from the original Letters Patent -- in other words the Crown Confirmation of the lands, which is recorded in the Book of Patents, Albany Records No. VII, 226, are as follows:

'Beginning at a marked tree by Mamaroneck River, which is the eastermost side of the northern bounds of Mamaroneck, being about two miles from the country road, and to run along the said River to the head thereof, and thence in a north line until eighteen miles from said marked tree or a great rock, being the westermost part of the said northern bounds of the aforesaid township, being about two miles from the country road, and thence to run northerly eighteen miles, as ye line on the eastermost side of ye land runneth, including in ye said Manor his eight part of ye two miles laid out for ye Town of Mamaroneck, with ye lot he now liveth on, and ye lot bought of Alive Hatfield, with ye lands and meadows below, westerly to a path to him belonging by virtue of his deeds and conveyances, part of which lands within the bounds aforesaid, was purchased from John Richbell, from ye native Indian proprietors, which said John Richbell had a grant and confirmation for ye same, from Francis Lovelace, late Governor of said province, and ye right of ye said John Richbell therein is legally vested in ye said Caleb Heathcote, and other parts have been purchased by ye said Caleb Heathcote of ye native Indian proprietors.'

Also Got Deed from Indians

One of the first movements of Colonel Heathcote after he obtained the Manor Grant, was to obtain the confirmation deed from the then Indian Chiefs for Richbell's two mile township tract.  This instrument, dated June 11, 1701, gives us the names of the then owners of the tract, which was divided into eight house or home lots.  It is executed by two chiefs:  Patthunk and Wapetuck, and confirms the tract 'unto Col. Caleb Heathcote, Capt. James Mott, William Penoir, John Williams, Alice Hatfield, Henry John and Benjamin Disbrough.'  Henry Disbrough's deed from John and Anne Richbell, of the 16th of February, 1676, for his eighth part, gives us the precise boundaries of this tract, which it terms 'Mamaroneck limits,' 'Being in length two miles and in breadth one and one-half miles and twenty-eight rods.  (The length was north and south, and the breadth was east and west.  The object was to show that no difficulty with the natives might be apprehended by persons desirous of settling at Mamaroneck.)

Slavery Was Diminishing

It is interesting to note the conditions in which slavery existed in the manor, our first information dating back to 1712.  At this date the inhabitants numbered only twelve, of whom four were whites, all being males and over ten years of age, the remaining eight were slaves of whom two were females over sixteen years of age, two males under sixteen and the remaining four males over sixteen.  Rather inaccurate information, some forty years later, shows that the number of slaves had only doubled in all that time.  According to the census of 1800, the total number of slaves in the town of Scarsdale was twenty-four, while there were at the same time in the town twenty-three free colored persons.  From this time onward the number of slaves slowly diminished until in 1820 there remained but seven.  In 1835 not a single slave remained.

Colonel Heathcote died suddenly in New York on the 28th of February, 1721, leaving all his estate to his two surviving daughters, Mrs. Anne deLancey and Mrs. Martha Johnston.  By indentures of lease and release, in 1738 Martha Johnston conveyed her half of her father's estate to Andrew Johnston, a relative of her husband, and he in turn reconveyed it to Lewis Johnston and his heirs in fee.  By James deLancey and wife, and Lewis Johnston jointly all the lands in the manor were sold and conveyed or leased up to the death of James deLancey in 1760.  From that time to 1774 all deeds and leases ran jointly in the names of Anne deLancey and Lewis Johnston.  During this period a great deal of the Manor was sold both to tenants and strangers.

In the year 1773 the owners decided, for some reason not now known, to have a partition of their lands.  A proceeding to accomplish this was commenced under the law, as it then existed, but soon after Lewis Johnston died, and proceedings were begun anew, and the heirs of Lewis Johnston were substituted in his place as parties thereto.  Commissioners, three in number, were appointed to carry out the proceedings.  They were Philip Pell, Jacobus Bleecker and William Sutton, and they appointed Philip Pell, Jr., as clerk and Charles Webb as surveyor.  The work of surveying the lands occupied the time from June 7th to August 16th, 1774.  As a result of this survey all the land was divided into numbered lots equally matched in pairs, as nearly as could be conveniently done.

On the 11th day of October, 1774, the Commissioners, together with John Harris Cruger, in his capacity as a member of the Council of the Province, met at Hull's Hotel on Broadway in New York in New York to carry out the balloting or drawing of the lots to the two owners.  A boy, John Wallis by name, was blind-folded, and he then proceeded to draw lots in the different divisions seriatum, beginning first at the north division, taking out first a ticket with the number of a lot and then a ticket with the name of the owner.  The latter tickets bore the name of 'Anne deLancey,' or the words 'Heirs of Lewis Johnston.'  The Commissioners carefully recorded each drawing as it was made and when the whole was completed the proceedings were duly certified to by the signature of John Harris Cruger, as the Councilor of the Province, present.

From the respective owners who received their particular lots under this final partition of the Manor lands of Scarsdale in fee, those lands have passed to the great number of parties now owning and occupying them, with of course, all the rights and privileges of all the lands granted by the Crown of England prior to the 14th of October, 1775 and guaranteed and confirmed by all the successive constitutions of N.Y. both as an Independent Sovereignty and as one of the United States.

Source:  Picturesque History of the Manor of Scarsdale Is Told by Mrs. Harrington, Scarsdale Inquirer, Apr. 26, 1929, p. 4, cols. 2-4.

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