Governor Thomas Dongan's Commission Appointing John Pell a Justice of the Court of Sessions in 1685

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Westchester County was formed by the so-called "Dongan Assembly Act" of 1683.  At its formation on November 1, 1683, the County included the Manor of Pelham then owned by John Pell, the nephew and principal legatee of Pelham founder Thomas Pell who died in late September, 1669.  Within a matter of months, the Court of Sessions of the County of Westchester was formed to handle judicial matters and held its first session on June 3, 1684 (Old Style, Julian Calendar).  It appears that John Pell was appointed First Judge of the first Court of Sessions.

The Dongan Assembly Act of 1683, named after Thomas Dongan (New York's colonial governor at the time), designated the tiny Village of Westchester as the County Seat where the Court of Sessions held many of its proceedings.  The Village of Westchester once stood roughly where today's Westchester Square is located in the Bronx and was founded by settlers to whom Thomas Pell sold lands from his original land purchase from local Wiechquaeskecks.  There are also indications that the rival adjacent village of Eastchester shared the hosting of some proceedings of the Court of Sessions.  In addition, Justices of the Court were assigned to "Ridings" and rode on horseback throughout their assigned jurisdictions to hear small matters (see below).

In their multi-volume history of the "Courts and Lawyers of New York," Alden Chester and Edwin Melvin Williams wrote:

"Under the Dongan Assembly Act creating Westchester County, the village of Westchester became the county seat; or at least shared the sessions of the County Court with Eastchester.  The first Court of Sessions held in Westchester, as shown by court records, was on June 3, 1684.  John Pell was, it seems, appointed First Judge of Westchester County in that year, but the records do not show whether he sat at the June session of 1684.  He seems to have been recommissioned by James II in 1688 [sic; should be 1685], after the status of the latter had changed from the duke to the king.  [See registered copy of the Commission and transcription thereof below.]"

Source:  Chester, Alden & Williams, Edwin Melvin, Courts and Lawyers of New York:  A History, 1609-1925, Vol. I, p. 1298 (Clark, NJ:  The Lawbook Exchange, Ltd., 2005).

Soon after his arrival in New England in late 1670, John Pell was accepted as a respected member of the landed gentry of the southern parts of the Province of New York.  When he was appointed Justice of the Court of Sessions of Westchester County, the court's jurisdiction was divided into three "Ridings" with Justices "riding" about the area to hold court in various places within each "Riding."  The three Ridings at the time were the North, East, and West Ridings.  John Pell was a Justice in the North Riding. 

The court of sessions was held by all the justices of the peace within their respective riding three times a year, June, December and March in the earlier years. (In later years some were held in November rather than December.)  During a court session, in the absence of a member of the Provincial Council, the oldest justice presided. The jury was composed of overseers elected from the various towns within the Riding. The court of sessions possessed both civil and criminal jurisdiction. It had cognizance of all actions of debt, account, slander, trespass and actions on the case, where the sum involved was more than five pounds and not over twenty pounds. Court days likely were lively affairs that attracted visitors from throughout the Riding to participate in markets and for the "entertainment" offered by lively court sessions. 

The Court of Sessions of the County of Westchester was somewhat different than what we may think of a court in our separate judicial branch of government today.  Some of the issues it addressed and relief it granted had legislative aspects.

John Pell's long involvement with the Court of Sessions and the many judicial proceedings that were held in the Village of Westchester are commemorated in a massive mural painted in 1932 that is ten feet high and thirty-six feet wide.  It was painted by James Monroe Hewlett on a wall of The Bronx County Building located at 851 Grand Concourse, Bronx, NY, 10451.  The mural, which is shown below, depicts the first meeting of the Westchester County Court of Sessions in the Village of Westchester with Justice John Pell presiding.  Pell was painted from a portrait of him prepared during his life.  According to an article written by Bronx Historian Lloyd:

"The subject of the mural was chosen for two reasons.  First, the building in which it was displayed was a courthouse with several courtrooms.  Secondly, the structure was the Bronx County Building and the convening of the first county court on the soil of a county about to celebrate the twentieth year of its founding in 1914 seemed appropriate.  The central portion of the mural shows a trial in progress.  The litigants and the lawyers are around the table to the right.  They face Justice John Pell occupying the high seat with the bench in front of him.  The members of the jury sit in the seats in the background.  A small group of men, probably awaiting the next trial on the docket, confer in an alcove on the extreme left side of the mural.  On the extreme right, another group, probably including the man recording the trial, cluster around a table bearing documents.  On the wall beside them is a map showing the divisions of the area that is now The Bronx.  Hewlett's image of John Pell is a simplified version of a portrait of the man that has survived.  [See below.]  The courtroom, however, is far too large and spacious for the one in which trials were held in 1684.  In reality, construction on a building that would house this court did not begin until 1686.  The coat of arms of England is at the top center of the mural." 

Source:Ultan, Lloyd, The Bronx County Building's Historical Murals:  An Artistic Legacy, p. 7 (Bronx, NY:  The Bronx County Historical Society, 2018) (Written by Lloyd Ultan; Photos by Robert Benimoff, In Cooperation with The Bronx County Historical Society). 

James Monroe Hewlett's Mural Depicting John Pell of the Manor

of Pelham Sitting as a Justice of the Court of Sessions of Westchester

County During a Court Session.  Text at Top of the Mural Reads on left:

"IN 1684 THE COLONIAL GOVERNMENT ESTABLISHED A COUNTY COURT

IN THE TOWN OF WESTCHESTER OF WHICH COURT THE HON. JOHN PELL

WAS THE FIRST JUDGE." and on Right:  "THE TRIAL OF GABRIEL LEGGETT A

COLONIST WAS HELD IN THIS COURT BEFORE JUSTICE CALEB HEATHCOTE

BENJAMIN COLLIER BEING HIGH SHERIFF OF THE COUNTY."  NOTE:  This

Copyright-Protected Image is Embedded Here from Another Web Location.  Thus,

if it is Taken Down from that Location or its URL is Changed, this Embedded

Version of the Image No Longer Will Be Visible.  NOTE:  Click on Image to Enlarge.

I have written about John Pell's service on the Court of Sessions before.  See Mon., Mar. 14, 2016:  Three Days of Westchester County Sessions Court Run by John Pell of Pelham Manor in June of 1687.  Today's Historic Pelham Blog article addresses the recommissioning of John Pell as a Justice of the Court after King James II rose to the throne in England.

When John Pell was first appointed as Justice of the Court of Sessions, it appears that he was commissioned under authority of Charles II who was King of England, Scotland, and Ireland.  Charles II died on February 6, 1685 and was succeeded, beginning that day, by his brother, James II.  James II is known as James II and VII since he was King of England and Ireland as James II and King of Scotland as James VII.  He served as King from February 6, 1685 until he was deposed in the so-called Glorious Revolution of 1688.  He was the last Roman Catholic King of England, Scotland, and Ireland.  

Before rising to the throne, James II was designated "Duke of York" at birth. During the Anglo-Dutch Wars his brother, King Charles II, asserted England's claim to the New Netherland region in America by granting his brother, James (then Duke of York) a patent.  The new colony, of course, was named New York.  

The Duke of York succeeded to the throne upon his brother's death.  Thus, in 1685 New York Governor Thomas Dongan recommissioned John Pell and others as Justices of the Court of Sessions of the County of Westchester.  The commission named John Pell, John Palmer, William Richardson, Joseph Horton Sr., and Joseph Thealle as Justices and specified the scope of their powers as members of the Court of Sessions.  John Palmer was a member of the Provincial Council and, as such, also was a justice of the Court of Assize in 1684-85 and 1687-88.  He also was a judge of Admiralty in 1684.  William Richardson was a notable local citizen who operated a mill on the Bronx River.  

The recommissioning document was registered in the Westchester County Book of Deeds, Volume A-B, 1681-1698.  Images of the pertinent two pages are presented below, together with a transcription of the handwriting.

Portrait of John Pell, So-Called "Second Lord" of the Manor

of Pelham Who Was a Nephew and the Principal Legatee of

Thomas Pell, the Founder of the Manor of Pelham. NOTE: Click

on Image to Enlarge.

*          *          *          *          *

"JAMES THE SECOND, BY THE GRACE OF GOD KING OF ENGLAND, SCOTLAND, FFRANCE [sic] AND IRELAND DEFENDER OF THE FAITH, &c, SUPREAME LORD AND PROPRIETOR OF THE COLLONY AND PROVINCE OF NEW YORK &c., 

TO OUR WELL BELOVED, JOHN PELL, JOHN PALMER, WILLIAM RICHARDSON, JOSEPH HORTON, SENIOR, JOSEPH THEALLE ESQRES. (GREETING) KNOW YEE, that wee have assigned you and every one of you dureing oe Will and Pleasure joyntely and severally our Justices to keepe our peace in the County of Westchester and to keepe and cause to be kept all lawes and ordenances made for the good of the peace and for conservation of the same and for the quiett rule and government of our People in all and every the Articles thereof, in our said County according to the force forme and efect of the same, and to chastize & punnish all persons offending against the forme of these laws and ordenances or any of them in the County aforesaid as according to the forme of these lawes and ordenances shall befitt to be done and to cause to come before you or any of you all those persons who shall threat on any of our People in their persons or in burneing their houses to find sufficiant securety for the peace or for the good behaviour towards us and our People and if they shall refuse to find such securety then to cause them to be kept in safe prison untill they find such securety wee have also assigned you and any three of you, whereof any of you the said John Pell, John Palmer, William Richardson, shall be one our Justices to enquire by oate of good and lawfull men of the County aforesaid by whom the trute may be the better knowne of all and all mannor of petty larcenys trespasses and extortions and of all and singular other misdeeds & offenses of which Justices of the Peace may or ought lawfully to enquire by whomsoever & howsoever don or perpetrated which hereafter shall happen howsoever to be done or attempted in the County aforesaid and of all these who in the County aforesaid have laine in waite or hereafter shall presume to lye in waite to maime or kill our people, AND ALSOE of Inholders ***** [asterisks in orginal] AND of all and singular other persons who have offended or attempted or hereafter shall presume to offend or attempt in the abusses of weights or measures or in the saile of victually against the forme of the lawes or ordenances or any of them in that behalfe made for the Common good of this our Province and the People thereof, in the County aforesaid and alsoe of all Sherriffs Bayliffs Constables Goalers [i.e., Jailers] and other officers whatsoever who in the execution of their offices about the premises or any of them have unlawfully demeaned themselves or hereafter shall presume unlawfully to demeane themselves or have beene or hereafter shall be careless remise or neglegent in the County aforesaid and of all & singular Articles & circumstances and all other things whatsoever by whomesoever & howsoever done or perpetrated in the County aforesaid or which hereafter shall happen howsoever to be done or attempted in any wise & to heare & determine all & singular the petty larseneys trespasses extortions aforesaid and all & singular other the premisses according to law and to chastize & punish the said persons offending & every of them for there offences by corporall punishment, ffines, ransomes, amercements, forfeitures or otherwise as ought to be don according to the laws, & whereas by an acte of oe Generall Assembly you are impowered in yoe sessions to trye as well Civill causes as causes Crimenall.  Wee have likewise assigned you and any three of you whereof any of you the said John Pell, John Palmer, William Richardson, shall be one in yoe said Courts of Sessions to heare trye & determin all such said causes as shall be brought before you according as in the said acts is prescribed & appoynted and according to the lawes of the province provided always that if a case of diffecalty upon the determenation of any of the premisses shall happen to arrise before you or any three or moore of you; your nor any three or more of you doe proceed to give judgmt therein except it be in the pressence of one of our Judges of our Court of Oyer & Termenor and Generall Goale delivery in the County aforesaid.  AND wee comand by vertue of these presence the Sherriffe of the said County that at certaine days & places which you or any such three or moore of you as aforesaid shall cause to be made knowne unto him he cause to come before you or such three or more of you as aforesaid such & as many good & lawfull men of his Baliwick by whome the trute in the premisses may be the better knowne & enquired of.  IN WITNESS WHEREOF wee have caused the seale of oe said Province to be hereunto affixed this 20te day of Octobe. 1685 & in the first yeare of our Reigne.

TEST:  THO. DONGON.

Past the Offices, J. Spragg, Secr.
Compared with the origionall this being a true coppy from the same
Pr. me Joseph Lee, Registe."

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 43-44 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

First Page of Registered Copy of Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 43 (via

FamilySearch, New York Land Records, 1630-1975, Westchester,

Deeds 1681-1698, Vol. A-B; free account registration required to

access via this link).  NOTE:  Click on Image to Enlarge.

Second Page of Registered Copy of Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 44 (via

FamilySearch, New York Land Records, 1630-1975, Westchester,

Deeds 1681-1698, Vol. A-B; free account registration required to

access via this link).  NOTE:  Click on Image to Enlarge.

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John Pell's Involvement in the Settlement of the 1683 Border Dispute Between the Province of New York and the Colony of Connecticut

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In 1683, a new Governor arrived in the Province of New York.  He was Thomas Dongan.  One of Governor Dongan’s early official acts was to try to settle the decades-old border dispute with Connecticut – again.  It was during this time that John Pell of the Manor of Pelham, a member of the General Court of Assizes, became involved. 

During the autumn of 1683, likely at the urging of new Governor Thomas Dongan, Justice John Pell issued a warrant requiring constables of Rye, Greenwich, and Stamford to appear before the General Court of Assizes in New York on October 1 to be called to account for the border dispute.  The move was a rather transparent effort to invoke the jurisdiction of a Court in the Province of New York over officials physically located in the Colony of Connecticut as part of the ongoing border dispute between the two governments.  Indeed, during the October court session, Governor Dongan pled to the court that Connecticut had violated a 1664 agreement intended to settle the ongoing dispute. He also issued a letter to Governor Robert Treat of the Colony of Connecticut warning that “If you do not submitt to let us have all the land within twenty miles of Hudson’s River, I must claime as far as the Duke’s Pattent goes; which is to the River Connecticut. There is land enough for us all, and I love not to do my neighbors ill offices.”

I have written before about John Pell's involvement in the settlement of this dispute in 1683.  See Mon., Jul. 11, 2016:  John Pell of the Manor of Pelham Helped Settle the 1683 Border Dispute Between the Province of New York and the Colony of Connecticut.  In that article I provided the full text of the report prepared by commissioners, including John Pell, reporting on the proposed settlement that the parties eventually reached.

Today's posting to the Historic Pelham Blog transcribes the text of two letters relating to the dispute exchanged between Connecticut authorities and Governor Dongan of New York.  The letters provide a fascinating glimpse of the nastiness of the long-running dispute and provide a little insight on John Pell's involvement on behalf of New York.

On October 5, 1683, the Secretary of the Council of Connecticut, John Allyn, wrote on behalf of the Governor and Council of Connecticut to the new Governor of New York, Thomas Dongan, complaining that John Pell had issued warrants "requireing the constables of Ry, Greenwich and Standford severally to appeare at N. Yorke on the 1st Wednesday in October instant, to make presentment at your grand assizes."  

The letter made indirect reference to a previous "settlement" of the border dispute in December 1664.  At that time, New York Governor Richard Nicolls led a group of royal commissioners to “end unneighborly and unbrotherly contentions” regarding the border between New York and Connecticut.  The Commissioners met with the then-Governor of the Colony of Connecticut, John Winthrop, and a group of Connecticut commissioners.  In December, 1664, colonial authorities announced an agreement to place the boundary line running north-northwest at the mouth of the Mamaroneck River.  Long Island, however, was placed entirely within the Province of New York.  The new line on the mainland, however, was well west of the line that would have been established by the Treaty of Hartford had that treaty been ratified by English royal authorities.

Governor Dongan responded by letter dated October 9, 1683.  Clearly piqued by the fact that the letter on behalf of the Governor and Council of the Colony of Connecticut was written and signed by the Secretary of the Council and not the Governor of Connecticut (Robert Treat), Dongan began his letter criticizing the failure of the Governor to sign the letter noting, irritably, that "Itt is the usuall way, when one Government writes to another, for the Chief and Principall to signe it, but since the Gentlemen have not, tis to you, Sr, that I addresse this Answer."

Dongan launched into a tirade that rehashed the entire border dispute, saying that his predecessors had been "kinder to you than some think you deserved" and made clear that he was not "obliged" to confirm practices of Connecticut settlers that may previously have been allowed.  He further made clear that he did not view Connecticut as living up to the 1664 settlement agreement and, therefore, that he would make claim to all lands to the Connecticut River.  He wrote, rather scathingly, as follows:

"you have hindred the people which belong to this Goverment from comeing hither; and not that only, but some of your Colony have come to settle within six or 8 miles of Hudson's River, and that without ny leave of this province I am informed.

"If it be so, I take it to be my Master's opinion that you have abused the former contract, if any such was, and therefore you cannot blame me to take notice of it, and make claime to the whole from Connecticut River.  

"Your pretence to Virginia, this place, and all other of the King's dominions as far as the South Sea, would be as good as the other."

Eventually, as I previously have written, Commissioners from the two colonies settled the dispute and a border roughly similar to that existing today between New York and Connecticut was the result.  John Pell of Pelham Manor played an important role in the establishment of the border that exists between these two states today.

Portrait of John Pell.

NOTE:  Click on Image to Enlarge.

Diagram Depicting New York and Connecticut Border Disputes

Between 1636 and 1776. Source: “Border Disputes Between

New York and Connecticut” in Wikipedia: The Free Encyclopedia

(visited Jan. 15, 2017).  NOTE: Click on Image to Enlarge.

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Below is a transcription of the text of the two letters that form the basis of today's article.  Each is followed by a citation and link to its source.  All spelling in quotes used above and in the letters below is as shown in the published text.

"APPENDIX.

NO. XLIX.
THE GOVERNOR AND COUNCIL TO GOVERNOR DONGAN.
[Colon. Boundaries, II. 42.]

Hartford, Octobr 5th, 1683.

Honble Sr.  This being the first opportunity we have had since your arrivall of meeting in councill, we could doe no less than congratulate your safe comeing into these western parts of the world and entrance into the Govermt of his Royall Highness Territories, wishing you all prosperity and happyness therein, assureing you that we shall endeavoure amicably to deport ourselves towards yourselfe and goverment; and if any thing should happen otherwise, upon the first intimation we shall endeavour a right understanding between us.

And by the way, we can doe no less than give your Honour advice of that which transiently is come to our cognizance, viz. a warrant sd to be granted by Mr. John Pell, requireing the constables of Ry, Greenwich and Standford severally to appeare at N. Yorke on the 1st Wednesday in October instant, to make presentment at your grand assizes; nowthstanind the sd Townes are indubitably within the precincts and bounds of this his Ma ties Colony of Connecticutt, not onely by his Ma ties gracious Charter grant but by agreement and settlement of bownds between his Royall Highness' province and this Collony, as your Hon ble predecessors well knew; at which time and before, those Townes peaceably were, and ever since have continued, under this his Ma ties Goverment; the which, for the mutuall weale and safety of all his Ma ties good subjects concerned, we heartily desire may not be interupted or molested by any such injunctions or impositions from any of or good neighbours.

Hon ble Sr, we beg your pardon for this trouble, which, wth our best respects to your Honor, is all at present from any of or good neighbours.

Hon ble Sr, we beg your pardon for this trouble, which, wth our best respects to your Honor, is all at present from, Sr, 

Your affectionate neighbours & humble servants,

The Govr & Councill of his Ma ties Colony of Connecticutt,

p their order signed,

p. JOHN ALLYN, Secry.

For the Hon ble Col. Tho. Dongan Esqr.,
Govr of his Royall Highness Territories,
at Fort James, in N. York, this dd.

The Govr & Councill ordered the above written letter."

Source:  Trumbull, J. Hamond, ed., The Public Records of the Colony of Connecticut, May, 1678-June, 1689 With Notes and an Appendix Comprising Such Documents From the State Archives, and Other Sources, As Illustrate the History of the Colony During The Administration of Sir Edmund Andros:  Transcribed and Edited, In Accordance with a Resolution of the General Assembly, APPENDIX No. XLIX, p. 326 (Hartford, CT:  Press of Case, Lockwood & Co., 1859).

"APPENDIX.

NO. L.
GOV. DONGAN TO SECRETARY ALLYN.
[Colon. Boundaries, II. 43.  Holograph.]

New York, Octobr ye 9th, 1683.

Sr. I am much obliged to your Governor and Councill for the complements they made me, and do really desire that a firm friendship may be established, assureing you that if there be not, it shall be none of my fault.

Itt is the usuall way, when one Government writes to another, for the Chief and Principall to signe it, but since the Gentlemen have not, tis to you, Sr, that I addresse this Answer.

Tis well known that his Rll Highness has a patent for all the lands on this side of Hudson's River, and if my predecessors, as you hint, haveing power to be kinder to you than some think you deserved, were pleased to quitt the rest of the lands within twenty miles of Hudson's River, I am not, as I think, obliged to confirm it.

For, instead of being contented with that, you have hindred the people which belong to this Goverment from comeing hither; and not that only, but some of your Colony have come to settle within six or 8 miles of Hudson's River, and that without ny leave of this province I am informed.

If it be so, I take it to be my Master's opinion that you have abused the former contract, if any such was, and therefore you cannot blame me to take notice of it, and make claime to the whole from Connecticut River.  

Your pretence to Virginia, this place, and all other of the King's dominions as far as the South Sea, would be as good as the other.

I am obliged in his R. H. name to wish you to find out some course to make an end of this difference, whereby a foundation may be laid for a good correspondence, and I will not fail to acquaint the Duke with your resolutions.

Wishing your Governor and Councell all prosperity and happinesse, I do assure you that none shall endeavour to deport himself more amicably with them than, Sr, 

Your servant,

THO. DONGAN.

For Mr. John Allyn, 
Secretary of Connecticut."

Source:  Source:  Trumbull, J. Hamond, ed., The Public Records of the Colony of Connecticut, May, 1678-June, 1689 With Notes and an Appendix Comprising Such Documents From the State Archives, and Other Sources, As Illustrate the History of the Colony During The Administration of Sir Edmund Andros:  Transcribed and Edited, In Accordance with a Resolution of the General Assembly, APPENDIX No. L, p. 327 (Hartford, CT:  Press of Case, Lockwood & Co., 1859).

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Although I previously have provided the complete text of the report prepared by John Pell and other Commissioners from the two colonies appointed to propose a settlement of the dispute, another transcription of the report may be found here:

Source: Source: Trumbull, J. Hamond, ed., The Public Records of the Colony of Connecticut, May, 1678-June, 1689 With Notes and an Appendix Comprising Such Documents From the State Archives, and Other Sources, As Illustrate the History of the Colony During The Administration of Sir Edmund Andros: Transcribed and Edited, In Accordance with a Resolution of the General Assembly, APPENDIX No. LVI, pp. 337-38 (Hartford, CT: Press of Case, Lockwood & Co., 1859).

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John Pell of the Manor of Pelham Helped Settle the 1683 Border Dispute Between the Province of New York and the Colony of Connecticut

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John Pell arrived in Boston in 1670 and quickly made his way to the Colony of Connecticut to claim his inheritance from his deceased uncle, Thomas Pell, of the Manor of Pelham.  Unlike his uncle, John Pell moved to the Manor of Pelham to live there permanently.  It is believed he lived temporarily in a farmhouse built by his uncle on today’s Rodman’s Neck until he completed construction of his own Manor House near the location of today’s Bartow-Pell Mansion Museum. 

In very short order John Pell became a notable citizen and a respected Justice of the Peace and member of the General Court of Assizes in the Province of New York.  When Pell first arrived on the scene from England, however, the Province of New York and the Colony of Connecticut already had been embroiled in a boundary dispute for decades.  That boundary dispute erupted yet again in 1683.  Provincial Governor Thomas Dongan selected John Pell of the Manor of Pelham and a handful of others to serve as New York's commissioners to settle that dispute.

Border Tensions Between New Netherlands and the English Colonies

During the time the Dutch controlled New Netherland (including New Amsterdam on the Island of Manhattan), there were disputes over the border between New Netherlands and the Colony of Connecticut and other English colonies.  With English settlers pressing southwestward toward Manhattan and Dutch-sanctioned settlers pressing northeastward into areas including today’s Throggs Neck and Yonkers, in 1650, Dutch Director-General of New Netherlands, Petrus Stuyvesant, traveled to Hartford to negotiate a border with the governor of the Colony of Connecticut, Edward Hopkins.

Stuyvesant essentially traded Connecticut land claims (the New Netherland claim encompassed the full length of the Connecticut River and as far east as Narragansett Bay) in order to get a clear boundary on Long Island.  Stuyvesant and Hopkins agreed on a Connecticut line fifty Dutch miles west of the mouth of the Connecticut River.  On Long Island, a line would be drawn south from the westernmost point of Oyster Bay, through modern Nassau County.  Although the Dutch West India Company approved the treaty, the English royal authorities never ratified it.  Thus, the border remained in question and the so-called “Treaty of Hartford” remained a source of tension between the Dutch and English for many years. 

Efforts in 1664 to Settle the New York – Connecticut Boundary

In 1664, England took control of New Netherland from the Dutch.  Even before that, English settlers in Connecticut and those in the New York region were battling over the boundary that would separate the two colonies.  King Charles II of England sent Richard Nicolls to serve as Governor of the Province of New York and to lead a group of royal commissioners sent with him to “end unneighborly and unbrotherly contentions” regarding the border between New York and Connecticut.  The Commissioners met with the then-Governor of the Colony of Connecticut, John Winthrop, and a group of Connecticut commissioners.

In December, 1664, colonial authorities announced an agreement to place the boundary line running north-northwest at the mouth of the Mamaroneck River.  Long Island, however, was placed entirely within the Province of New York.  The new line on the mainland, however, was well west of the line that would have been established by the Treaty of Hartford had that treaty been ratified by English royal authorities. 

The Dutch Retake New York, Lose It, and Governor Edmund Andros Arrives

For a short time in 1673, the Dutch retook New York.  Because the 1664 agreement had actually added large swaths of land to Connecticut on the mainland up the Hudson River, Connecticut did not want the 1650 line proposed by the Treaty of Hartford to govern.  For a short period, Connecticut resisted any suggestion by the Dutch that the 1650 line governed the boundary between Dutch-controlled lands and Connecticut.

In early 1674, however, Dutch and English authorities signed the Treaty of Westminster that, among other things, returned New Netherland to the English.  Governor Edmund Andros arrived in New York in 1674 with a new royal patent for the Province of New York claiming all lands up to the Connecticut River – well within the Colony of Connecticut as denoted by the line agreed to by the commissioners as announced in December, 1664.  Thereafter:

“Gov. Andros showed a markedly aggressive tack in his negotiations with Connecticut. In May 1675, Andros sent a letter asking for land west of the Connecticut River under the Duke's new patent.  When Gov. Winthrop objected, Andros sent a representative in June to demand Connecticut's submission, threatening to send soldiers against any rebellion.  During this time of high tensions between the colonies, King Philip's War broke out in 1675.  Andros attempted to use this to consolidate lands under the Duke's [new] patent [that granted lands all the way to the Connecticut River to New York]. At the start of the war, Andros sent troops to Fort Saybrook, nominally to defend.  However, Winthrop's troops arrived first, and held the fort themselves.  Andros requested that Winthrop temporarily relinquish Connecticut's claim to the area in order to strengthen the united defense.”

Source:  “Border Disputes Between New York and Connecticut” in Wikipedia:  The Free Encyclopedia (visited Jun. 25, 2016).

New Governor Thomas Dongan Arrives in 1683 and Settles the Matter – Again

In 1683, a new Governor arrived in the Province of New York.  He was Thomas Dongan.  One of Governor Dongan’s first official acts was to move to try to settle the border dispute with Connecticut – again.  It was during this time that Justice of the Peace John Pell of the Manor of Pelham became involved. 

During the autumn of 1683, likely at the urging of Governor Thomas Dongan, Justice John Pell issued a warrant requiring constables of Rye, Greenwich, and Stamford to appear before the General Court of Assizes in New York in October.  During that court session, Governor Dongan pled to the court that Connecticut had violated the 1664 agreement.  He also issued a letter to Governor Robert Treat of the Colony of Connecticut warning that “If you do not submitt to let us have all the land within twenty miles of Hudson’s River, I must claime as far as the Duke’s Pattent goes; which is to the River Connecticut.  There is land enough for us all, and I love not to do my neighbors ill offices.”

Source:  "GOVERNOR DONGAN TO GOVERNOR TREAT" in Trumbull, J. Hammond, ed., The Public Records of the Colony of Connecticut May, 1678 – June, 1689; With Notes and an Appendix Comprising Such Documents from the State Archives, and Other Sources, as Illustrate the History of the Colony During the Administration of Sir Edmund Andros, pp. 329-30 (Hartford, CT:  Case, Lockwood & Co., 1859).

Representatives of the two colonies agreed to a new border similar to the one that exists today, placing the settlement of Rye in New York and the settlements of Greenwich and Stamford in Connecticut.  The Province of New York appointed a commission of four respected citizens, one of whom was a surveyor, to survey and place the new line.  Those commissioners were John Pell of the Manor of Pelham, John Youngs, Robert Vauqellin, and Phillip Welles (the surveyor).  The Colony of Connecticut, in turn, appointed a commission to join the New York Commission consisting of Major Nathan Gold, Captain Jonathan Sellick, Ensign Daniel Sherman, and Mr. John Harriman (a surveyor).

On Wednesday, October 4, 1684, the commissioners of the two colonies  met in Stamford.  According to a report filed by the New York Commissioners the following February (February 23^rd):

“Wee went to Lions Point on ye east side of Birom River and from ye mouth of sd River where itt falls into ye Sea, we measured up the said River and found itt to be one mile and halfe and twenty rodds, bearing North halfe Easterly, and so came to a great Rock stone at ye Wading Place, where the road cutts ye sd River, and from thence directed our course North North West, six miles and a halfe, and there marked DRCC [In the form of a diamond with “D” containing a hooked line through it at the top and then, in clockwise order: “R” “C” and “C”] three white oake trees as in the margeant; thence directed our course West and by North seven miles and one hundred and twenty rodds, which brought us to ye Northernmost end of a Reach of Hudson’s River, which bears as we judged South and by West a quarter Westerly, and North and by East a quarter Easterly, which above-said line falls upon the sd Reach about Three miles above Frederick Philips upper Mills over against Tapan, and ye said River bearing North as to itts generall course upwards, we conclude the above mentioned West and by North line to be the shortest from sd Three marked Trees to Hudson’s River, and having unanimously concluded that part of the Sound from Lions Point Easterly to beare East North East, we did from said Trees at eight mile distance run a parallel to the Sound, vizt. East North East twelve miles, and still continued ye said Twelve Mile line East North East one mile and sixtyfour rodds, which then gave twenty miles from Hudson’s River, and is eight miles North North West from ye Sound.  Then finding the Oblong of twelve miles East North East and eight miles North North West did deminish sixty one thousand foure hundred and forty acres from ye twenty miles from Hudson’s River, we added to ye abovesaid twenty miles upon ye East North East line, three hundred and five rodds more, to run at yt additional breadth, parallel to Hudson’s River, till it meets with the Mathethusetts Line, which we demed one hundred miles distant from our eight mile line, which severall courses, with theire destances, together with the three hundred and five rodds added, doe clearly appear in ye Platt by the surveyers drawne and hereunto annexed; which addition of three hundred and five rodds we refer for itts confirmation and ratification to the two Governments from whence we are imployed; and that the above written is a true report of our proceedings, we have this tenth day of October, one thousand six hundred eighty and foure, subscribed our names in Standford.”

Source:  See full text of report and citation below.

Though John Pell and his colleagues did their part to settle the boundary lines, disputes over the line between New York and Connecticut continued for nearly another hundred years – long after the death of John Pell of the Manor of Pelham. 

Portrait of John Pell.

NOTE:  Click on Image to Enlarge.

Diagram Depicting New York and Connecticut Border

Disputes Between 1636 and 1776.  Source:  

“Border Disputes Between New York and Connecticut” in

Wikipedia:  The Free Encyclopedia (visited Jun. 25, 2016).

NOTE:  Click on Image to Enlarge.

*          *          *          *          *

“REPORT OF THE COMMISSIONERS AND SURVEYORS, FOR LAYING OUT THE LINE BETWEEN CONNECTICUT AND NEW YORK.

[Col. Boundaries, II. 46.]

Pursuant to a Commission from the Right Hon ble Thomas Dongan, Governour Generall of all his Royall Highnesses Territories in America, &c., bearing the date the 26^th day of September, 1684.*  [Footnote “*” reads:  “* Doc. Relating to the Hist. of N. York, III. 356.”]

Wee underwritten did upon the first Wednesday of this instant October meet, at ye towne of Stanford, Major Nathan Gold, Capt. Jonathan Sellick, Ensigne Daniel Sherman, Mr. John Harriman † Surveyor commissionated at a Generall Court held att Hartford, as by theire comission they produced bearing date May the eighth, 1684, doth fully appeare.  [Footnote “†” reads:  “† Mr. John Harriman, (grad. H. C. 1667,) had previously been employed by the General Court to make observations for determining the Colony’s north bounds, and the correction of Woodward & Saffery’s line.  See p. 33 ante.”]

Wee went to Lions Point on ye east side of Birom River and from ye mouth of sd River where itt falls into ye Sea, we measured up the said River and found itt to be one mile and halfe and twenty rodds, bearing North halfe Easterly, and so came to a great Rock stone at ye Wading Place, where the road cutts ye sd River, and from thence directed our course North North West, six miles and a halfe, and there marked DRCC [In the form of a diamond with “D” containing a hooked line through it at the top and then, in clockwise order: “R” “C” and “C”] three white oake trees as in the margeant; thence directed our course West and by North seven miles and one hundred and twenty rodds, which brought us to ye Northernmost end of a Reach of Hudson’s River, which bears as we judged South and by West a quarter Westerly, and North and by East a quarter Easterly, which above-said line falls upon the sd Reach about Three miles above Frederick Philips upper Mills over against Tapan, and ye said River bearing North as to itts generall course upwards, we conclude the above mentioned West and by North line to be the shortest from sd Three marked Trees to Hudson’s River, and having unanimously concluded that part of the Sound from Lions Point Easterly to beare East North East, we did from said Trees at eight mile distance run a parallel to the Sound, vizt. East North East twelve miles, and still continued ye said Twelve Mile line East North East one mile and sixtyfour rodds, which then gave twenty miles from Hudson’s River, and is eight miles North North West from ye Sound.  Then finding the Oblong of twelve miles East North East and eight miles North North West did deminish sixty one thousand foure hundred and forty acres from ye twenty miles from Hudson’s River, we added to ye abovesaid twenty miles upon ye East North East line, three hundred and five rodds more, to run at yt additional breadth, parallel to Hudson’s River, till it meets with the Mathethusetts Line, which we demed one hundred miles distant from our eight mile line, which severall courses, with theire destances, together with the three hundred and five rodds added, doe clearly appear in ye Platt by the surveyers drawne and hereunto annexed; which addition of three hundred and five rodds we refer for itts confirmation and ratification to the two Governments from whence we are imployed; and that the above written is a true report of our proceedings, we have this tenth day of October, one thousand six hundred eighty and foure, subscribed our names in Standford.

JOHN YOUNGS

JOHN PELL

ROBERT VAUQELLIN

PHILLIP WELLES Surv r. *  [Footnote “*” reads “* The names of ‘Nathan Gold, Jonathan Sellick, Daniel Sherman and John Herriman, Commr’s for Connecticut,’ are also subscribed to this report, -- as published in the Report of the New York commissioners, (1857) App. O. p. 118.”]

Millford, February the 23d, 1684-5.  The Report made by the within mentioned persons is this day assented unto, and ratified by us; & it is ordered that it be recorded in the books of Record for both Governments, as witnesse o r [our] hands.

[Signed] Tho: Dongan

[Signed] Robert Treat

Witnesses.

J. PALMER

J. SPRAGGE

JOHN YOUNGS

NATHAN GOLD

WM JONES

JOHN ALLYN

JOHN NASH

WILLIAM PITKIN.”

Source:  Trumbull, J. Hammond, ed., The Public Records of the Colony of Connecticut May, 1678 – June, 1689; With Notes and an Appendix Comprising Such Documents from the State Archives, and Other Sources, as Illustrate the History of the Colony During the Administration of Sir Edmund Andros, pp. 337-39 (Hartford, CT:  Case, Lockwood & Co., 1859).

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