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Westchester County
IN
HISTORY
MANUAL AND CIVIL LIST
PAST AND PRESENT
COUNTY HISTORY
TOWNS, HAMLETS, VILLAGES AND CITIES
TRULY THIS PEOPLE CAN SAY, WE HAVE MADE HISTORY
1683-1912
BY
HENRY T. SMITH
Connected with County Journalism Forty-Five Years
VOLUME II
Containing specially prepared articles relative to the County; matters concerning: the County's history;
0| organization of Towns, Villages and Cities; population as shown by the various census
enumerations, with other statistics and general facts of interest and value.
Also, containing the portraits and biographies of distinguished men connected with the County's early
history, as well as of prominent officials of the present time.
White Plains. N. Y.
HENRY T. SMITH, Publisher
1912
I
j TO KtV? YOFK
PUBLIC I M^V
A5STCP., ' •
Copyright by
HENRY T. SMITH
1912
All rights reserved
PREFACE.
In offering additional volumes of the Westchester County
Manual and Civil List, the author considers that no special or
formal words of introduction are necessary.
The first volume, published in 1898, had a circulation greater
than anticipated by the publisher, and the issuing of a second
edition was required to meet the demand.
Numerous books relative to the history of historic Westchester
County have been written; and, while they possess a peculiar
sameness, they have many meritorious features. The author of
this history has endeavored to get out of the "beaten path,"
and give his book an individuality of its own. That it may
fulfill the mission intended is greatly desired.
Recognizing the necessity of securing, while data is yet avail-
able, as complete a record as possible of officials connected with
the County's history, and estimating that the preservation of
such record, in convenient book form, will be of practical value
in the future, as well as at the present time, the author, in the
year 1890, commenced the compilation of this work; and the
greeting it received on the presentation to the public of the first
volume has encouraged him to offer additional volumes, after
the lapse of a due number of years.
As this historical publication is the first and the only one of
its kind ever undertaken relative to Westchester County, and
particularly to its civic life, it will be readily understood that
years of research and labor had to be devoted to bring about
desired results. The book, in its several volumes, is the out-
come of efforts to preserve in ready reference form the names
and history of the men who, at different periods dating back
over two hundred years, have rendered honorable and meri-
torious service to Westchester County, making them worthy of
having their names preserved in connection with its history.
In order to make the several volumes of this book of general
interest to all readers, efforts are made to present, in attractive
form, thrilling and absorbing incidents relating to remarkable
facts in the County's history.
3
4 PREFACE.
The bioj^^raphical annals of the County, a feature of the book,
deal only with " people of all'airs; " they who have been con-
spicuous in the County's life during the many years; they who
have *' done thintrs " toward the makinp: of its history— that
somethini: which entitles them to be remembered in years to
come, after they have passed into the '' Beyond," when mem-
ories are cherished by beloved ones remaining.
By a careful reading of the biographies of those who assisted
in its success and development much can be learned of the
County's history.
In the preparation of biographies, it has been the desire to
indulge in no undeserved praise, or fulsome laudation. Every
one has been accorded the credit honestly deserved, and it
has been the author's sincere purpose to bring to public recog-
nition the characteristics and traits of each who has been deemed
worthy of biographical consideration.
^lany of the men whose biographies appear in the first volume
of this book, who were active in public affairs and directing
matters of State at that time, have since passed over the line
into the land of " the great majority." Twelve years or more,
the time lapsing between the dates of publishing the two vol-
umes, have worked great changes within our County. No man
knoweth what time hath in store for him. In several instances,
those who aided in obtaining necessary information, and who
watched eagerly for the publication of this voliune, are not here
to be among its readers.
In dealing with the past and present in the civic life of our
County, as much pleasure has been experienced in giving the
photographs and sketches of office-holders conspicuous in years
gone by, as in doing like service for men-of -affairs of the present
day. We all realize that our country is better owing to the
loyal public service rendered by all good citizens in their day.
We are inclined— that is, the most of us are — to have too little
respect and veneration for the things of antiquity, despite the
fact that we talk a great deal about the good old times of long
ago, about the noble acts and heroic deeds of the fathers. In
the hustle and bustle of modern life we are apt to bowd over
with sacrilege and disdain some of the most ancient and
respected landmarks of the past. We have our eyes fixed
upon the goal in mirage ahead, and we are wont to forget the
objects of reality in the rear. We do not remember at all
PREFACE.
5
times that it is better to be a " Has-Been " than a '' Never-
Was-At-All."
The aim of the author has been to make the work authentic
in facts and dates. In the absence of authenticated records, in
many cases dependence had to be placed upon the memory of
old residents. It is therefore possible that, despite most con-
scientious and indefatigable labor, an occasional error may be
found.
It is hoped that as a book of reference it may prove invaluable.
The author feels that he is greatly indebted to many friends
who kindly rendered him the assistance that enabled him to
bring out the succeeding, as well as the first, volume. He takes
this occasion to publicly tender his thanks to all, assuring them
that but for such valuable aid his labor might have been more
than disproportionably increased.
February, 1912.
WESTCHESTER COUNTY.
(Continued from page 5, Vol. 1.)
Westchester County is a long, comparatively narrow, strip of
land, bounded on the south by the Borough of the Bronx (New
York city), on the west by the Hudson River, on the north by
the County of Putnam and the State of Connecticut, on the
east by Long Island Sound. The total area of the County is
five hundred and six square miles, and its present population
(1910) is 283,055. The southern end of the county, divided
into cities and villages, is, for all practical purposes, solidly
built up. Above White Plains village, with few exceptions, it
still remains comparatively a rural district.
Counties, as well as all things else, have a beginning, so it
was with Westchester County. And in the beginning it had a
people, and these people were the *' red men of the forest,"
the original members of the order of *' Foresters of America."
The woods of Westchester County were inviting to these
original Americans, from the shores of the Hudson River to the
shores of Long Island Sound. From the enchanting high hills
of the north, and to the south so far as the haunted waters of
Sputen Duyvil Creek, itself the home of many a spirit, if it be
true that ghosts walk; the Indians of long ago gave the land
about the shores of this historic creek a name of unpronounce-
able gutterals and sowed the rocky soil of Westchester County's
southern boundary line with arrow heads and traditions. Along
the water fronts and through the woods where our Indian
brethren disputed titles with their neighbors, the bears and the
catamounts, generations of white men have come with their
feuds and friendships, their loves and their hates, and have all
passed away. Others are here, alike as human as those who
have gone before.
As to the original settlers of the county, the Indians, and their
immediate successors, the Dutch, much has been written as
special subjects and in a general way by recorders of matters
historical. From these writings we learn the general opinion
of all, that the first inhabitants of our County were shamefully
7
8 MANUAL AXD CIVIL LIST.
abused not only by the Dutch settlers themselves, as a whole,
but by a powerful trading corporation that stole rather than
purchased property from the ignorant first owners. If money
was exchanged in acquiring property, the buyer would see to
it that an ample quantity of rum was at hand to sell to the
Indian and get ({uick return of that money. In many cases
the Indian would first be made drunk and then persuaded to
sign some kind of a docimient bartering away his land. The
Dutch East India Company's agents were in most cases, if not
in all cases, the " purchasing " agents, and this grasping cor-
poration held on to the land so acquired, leasing it at high
rental to honest settlers, and in a few instances only selling a
parcel.
Ruttenber, a writer on this subject, says: " Until touched
and warped by wrong treatment, wherever the Indians were
met, they were liberal and generous in their intercourse with
the whites, and more sinned against than sinning, they left
behind them evidences of great wrongs suffered; their enemies
being their witnesses,"
The Dutch trading company introduced among the Indians
intoxicating liquors, and it was a common sight to see on the
streets of New Amsterdam (New York) daily, and in fact
nightly, numerous Indians helpless as the result of over-indul-
gence in intoxicating liquor. While in this state, as well as
when sober, the Indian was robbed of his earnings, as well as
the furs and goods they had purchased from agents of the
trading company.
The Indians complained that the Dutch had not paid them
sufficient price for their land, but their complaints were long
unheeded. They even claimed that the money owed them by
wealthy Dutch residents was kept from them, and they at
times suffered for want of food as well as did their wives and
children.
The scandal growing out of this robbing of the Indians became
finally so great that the Council of New Amsterdam had to take
notice. In the published old records of New Amsterdam is
found, under the title of " Ordinances of New Amsterdam,"
the following preamble and ordinance, bearing upon this sub-
ject: " Great complaints are daily made to the Director-Gen-
eral and Council by the Indians or natives, that some of the
inhabitants of New Netherlands set the natives to work and use
them in their service, but let them go unrewarded after the
MANUAL AND CIVIL LIST. 9
work is done, and refuse, contrary to all international law, to
pay the savages for their labors. These Indians threaten that,
if they are not satisfied and paid, they will take their own pay,
or recover their remunerations by other improper means. There-
fore, to prevent all trouble as much as possible, the Director
and Council warn all inhabitants who owe anything to an
Indian for wages or otherwise to pay it without dispute, and
if in the future they employ savages, they shall be held liable
to pay upon the evidence and complaint of the Indians (who
for good reason shall be considered credible witnesses in such
cases), under penalty of such a fine as the circumstances shall
indicate as proper."
The Indians, as owners, had been ejected from the Island of
Manhattan, and, locating in the adjacent Westchester territory,
soon became only transient guests in the then Dutch city. They
were more than inclined to be on friendly terms with the whites.
Though they frequently and naturally had unkindly differences
with other tribes of Indians, they manifested ever a friendly
feeling for the Dutch settlers.
That the Indians did finally go on the '' war-path," in 1643
and later, and bring disaster upon the white settlers, is not sur-
prising, when we consider the treatment they received; the
actions of certain powerful Dutch corporations may justly be
considered as provocation.
That the Dutch settlers who inhabited a great section of
Westchester County, especially the southern portion, were
brought into dislike, is not surprising when we consider their
treatment of the Indians. The fault lay not with the average
Dutch settler, but rather with the arbitrary, dominant Dutch
East India Company which bought land, or more properly
acquired it, by means fair or foul, and then permitted settlers
to occupy it at exorbitant rental rates. The Dutch settlers
rebelled but were helpless. This conduct of the Dutch East
India Company, and the dominant spirit shown, to rule or ruin,
had the ultimate result of discrediting the company as a com-
mercial agency, and creating to it such an opposition that it
finally lost its commercial standing and contributed to the loss
of Dutch supremacy and to permitting the English to acquire
occupancy of territory held by the Dutch. The first most
prominent act of hostility to the power of the Dutch East India
Company was when Pell negotiated direct with the Indians for
the purchase of that tract of land embracing what is now the
10 MANUAL AND CIVIL LIST.
towns of Pelham and New Rochelle, disregarding the hereto-
fore all-powerful Dutch company. It is held by historians that
Governor Winthrop of Connecticut prompted the actions of the
English in forcing the issue with the Dutch for possession of
the land fonning a great part of Westchester County. Beyond
doubt the Dutch East India Company had organized one of the
greatest of original trusts, especially in land accumulation for
speculative purposes, ever attempted in this country; truly they
bought low and sold high, and when this company came to grief,
and it was helpless to rob Indian or white man, there were no
outward manifestations of great mourning among the honest
Dutch citizens.
Westchester, one of the original counties of the State, is as
well one of its most historic counties. In the days of the Revo-
lutionary War it furnished its full quota of fighting men and
heroic women, as it has since done, whenever our country called,
and was in need of able and willing hands, for support or
defense.
In the Revolutionary War period, being adjacent to New
York city, where a strong force of British troops were entrenched,
the county was ever a hot-bed of conflict, and periodical inva-
sions and depredations were the rule rather than the exception,
if not from flying trips made by the enemy's scouting parties,
it was from irregular marauding parties organized for purposes
of plunder, of friend or foe; so long as spoils could be secured
the invaders were indifferent as to persons they robbed. As
the lower section of the County, from the Hudson River to
Long Island Sound, became known as " neutral ground," resi-
dents within the prescribed limits were considered just prey,
according to the fates of war. Among these prowling gangs
of desperadoes were two bands known as '^ Cowboys " and
*' Skinners." These bands were well and appropriately named;
the first stole and drove off every head of cattle, found unpro-
tected, to sell to the British Army in New York, which willingly
purchased the stolen goods, " and no questions asked," with
directions to go back and steal more from the '' rebels." The
second band " skinned " every locality neglected or overlooked
by the plundering " Cowboys," even to the contents of the
houses defended only by lone women whose male protectors were
fighting for their country in the Continental Army. Not only
were people robbed, but their buildings were burned by these
worse than brutes. When Andre was halted at Tarrytown he
MANUAL AND CIVIL LIST. 11
first took the man who commanded him to ** stand," to be either
a ** Cowboy " or a ** Skinner," and felt easy; knowing them so
well, he was confident he could bribe them with money, and
pass on.
When General Washington retreated from Long Island, to
evade the British Army in New York, commanded by General
Howe, he passed through Westchester County. This was prob-
ably during one of the most trying periods for the American
Army in the Revolutionary War, when General Washington
was sorely taxed, but more than ever determined to continue
battling for the patriotic cause. Many petty complaints and
predictions as to disaster and ultimate failure to patriotic hopes
beset him, yet he went his way determined to win the victory
every true heart desired.
A well-known historical writer, describing Washington's entry
into Westchester County, said: **Altho his army was poorly
equipped, wretchedly disciplined, and not large, altho the
soldiers of one section were jealous and suspicious of those of
another, altho there were any number of deserters, sick and
absent men, and in spite of the most irritating interference of
Congress, which gave Washington no power to fill vacancies,
and insisted on short terms of enlistment for the soldiers,
Washington did not throw up his commission as most men
would have done, but showed his true greatness by determining
to do the best he could with what he had."
'' The Battle of Pell's Point, or Glover's Rock," was fought
about four miles east of the present Bartow station, in the town
of Pelham, around the ** Split Rock " road, on each side of
which the opposing forces were posted. The Bronx Chapter
of the Daughters of the American Revolution have placed a
tablet to mark this battlefield.
When the British attempted to follow up General Washing-
ton, and camped at Eastchester, the St. Paul's Episcopal Church,
which yet stands as a venerable record of the past, was used as
a hospital for some Hessian soldiers by the British.
This church edifice was also used during the Revolutionary
War period as a Court House, and is now considered more
highly on account of its service in various ways of usefulness.
The '* Battle of White Plains " was an event wherein the
American Army, though crippled for want of sufficient num-
bers, showed its valor and proved to the enemy that every
patriot there fighting was determined, and could be ever counted
12 MANUAL AND CIVIL LIST.
upon to do his utmost to gain success for the cause of liberty
and to secure the final triumph of the struggling Republic.
The main thoroughfare through the county in the early days
was *' the Old Westchester Path," running from New York
city north. It has been described as little better than an Indian
trail, rough and rocky, difficult to travel, especially in the rainy
season. ^lany of the men prominent in Colonial times and
credited to New York city, their places of business, were resi-
dents of nearby Westchester County, living here in the summer
and wintering in the city, as now. The *' Old "Westchester
Path " was the highway over which the Morrises, the Hamil-
tons, the Jays, the Phillipses, the Van Cortlandts, and other
distinguished residents journeyed from their homes to their
business in the city and return. Over this path both armies
had marched. Now we have, instead of this " Old Path,"
boulevards, parkways, macadam and paved streets.
From a volume treating of the early settlers in Westchester
Count3% published in 1790, we learn that the population
remained about the same from 1756 to 1786, but a good increase
was shown from 1786 to 1790; about thirteen per cent, being
blacks, most of them slaves.
Jedediah Morse, A. 'M., author of the volume aforementioned,
has this to say as to then existing conditions, viz. : ' ' The effect
of the Revolution has been as greatly and as happily felt by
this section as by any of the United States. The accession of
inhabitants within a few years has been great, even beyond
calculation ; and so long as lands can be obtained in the county
upon advantageous terms and with a good title, and the gen-
eral government continues to protect industry and encourage
commerce, so long they will continue to increase. The English
language is generally spoken, but is not a little corrupted by the
Dutch dialect which is still spoken in this lower section of the
State. But as Dutch schools are almost, if not wholly, dis-
continued, that language, in a few generations, will probably
cease to be used at all. The increase of English schools has
already had a perceptible effect in the improvement of the
English language."
The manners of the people differ as well as their language.
The sections inhabited by those whose ancestors were natives
of England possess manners and customs similar to those of
their ancestors. The localities inhabited by the Dutch have
adopted the English manners in a great degree, but still retain
MANUAL AND CIVIL LIST. 13
many modes, particularly in their religion, which are peculiar
to the Hollanders. They are industrious, neat and economical
in the management of their farms and their families. What-
ever business they engage in they generally follow the old track
of their forefathers and seldom invent any new improvements in
agriculture, manufactures or mechanics. They were the first
settlers (excepting Indians) and were particularly friendly to
the English colony that settled at Plymouth in New England
in 1620; and continued to be amicably disposed toward the
English colonies east of them, until the unhappy dispute arose
concerning the lands on the Connecticut River."
'* The Revolution and its consequences have had a very per-
ceptible influence in diffusing a spirit of liberality among the
Dutch, and is dispelling the clouds of ignorance and national
prejudice. Schools, academies and colleges are being established
for the education of their children, in the English and learned
languages, and in the arts and sciences, and a literary and
scientific spirit is evidently increasing. If such are the bud-
dings of improvement in the dawn of our empire, what a rich
harvest may we expect in its meridian."
*' The manners and character of the inhabitants of every
settlement will take their colouring, in a great or less degree,
from the peculiar manners of the first settlers. It is much
more natural for emigrants to a settlement to adopt the cus-
toms of the original inhabitants than the contrary, even though
the emigrants should in length of time, become the most numer-
ous. Hence, it is that the neatness, parsimony and industry of
the Dutch were early imitated by the first English settlers in
Westchester County and vicinity, and, until the Revolution, ' i^.^i^.
formed a distinguishing trait in their provincial character. It
is still discernible, though in a much less degree, and will prob-
ably continue visible for many years to come. "
" Besides the Dutch and English already mentioned, there
are, within the borders of the county, emigrants from Scotland,
Germany, France and Ireland. The French emigrants, known
as Huguenots, settled principally at New Rochelle, and many
of their descendants now fill some of the highest offices in the
United States."
There was no part of the continent where the manners of
England, and its aristocratical notions of blood and alliance,
prevailed with more force than in a certain circle immediately
around the metropolis of New York, and especially in West-
14 MANUAL AND CIVIL LIST,
Chester County, in the period just preceding the Revolution.
The customs of the early Dutch inhabitants had, indeed, blended
in some measure with the English manners; but still the latter
prevailed. As an early writer states, this attachment to Great i
Britain was increased by the frequent intermarriages of the I
officers of the mother-country with the wealthier and more
powerful families of the vicinity, until, at the commencement i
of the Revolution, their united influence had very nearly thrown
the colony into the scale on the side of the crown. A few, how-
ever, of the leading families espoused the cause of the people,
and a sufficient stand was made against the efforts of the crown
party to organize, and aided by the army of the confederation,
to maintain an independent and republican form of government.
Under the circumstances it is not surprising to learn that the
lower section of Westchester County, nearest to New York city,
was influenced by the Tory sentiment ; the upper section of the
County, dwelling under better influences, were steadfast in sup-
port of the cause of their countrymen, and to the northern sec-
tion of the County many of its patriotic families had to flee for
protection from the enemy in the south.
The County was erected November 1, 1683, by an act of the
General Assembly, and this was confirmed by a later act, of
October, 1691. As originally constituted, the County had sub-
stantially the same boundaries that it had before its southern
portion became, in 1873, a part of New York city.
By an act of the General Assembly, passed in the year 1683,
Westchester village (now annexed to New York city) was made
the ** County Seat " of the County, and it remained so until
1759, when it resigned to White Plains the honor of being the
** Shire town," which distinction White Plains yet retains.
In this early period the County was but an aggregation of
farming towns, with few or no villages.
Even as late as 1840 there were only two sparsely settled vil-
lages—Sing Sing and Peekskill— and no cities. Mount Pleas-
ant town led in population, with the town of Cortlandt second,
Greenburgh town third, Bedford next, and Yorktown closely
following with a population equal to that of Yonkers. (York- 1
town now has 3,020, and Yonkers 79,803.) Farming and stock-
raising was fin 1840) the principal occupation of the inhabi-
ants. The market for cattle was in New York city. Mount
Pleasant 's cooperage establishments employed many persons.
Grist mills were in full operation in many sections in the upper
MANUAL AND CIVIL LIST. 15
part of the County, and the Westchester " family flour " was
considered a standard article, much sought after.
The County continued in area as it was when erected until,
by special acts of the State Legislature, a good portion of its
territory on the southern boundary was chopped off and car-
ried away to benefit New York city. By laws of 1873, chap.
613, the towns of Morrisania, West Farms and Kingsbridge
(south Yonkers) were annexed to New York city. Later, the
Legislature, laws of 1895, chap. 934, annexed the town of West-
chester and parts of Eastchester (east and south Mount Vernon)
and Pelham (including City Island) to the City of New York.
Efforts were made, through the State Legislature in 1910,
to annex the cities of Yonkers, Mount Vernon and New Rochelle
and the towns of Eastchester and Pelham to New York City.
Strong opposition developed and the attempts were abandoned.
The population of Westchester County, according to the sev-
eral census enumerations, from 1698 to and including 1892, is
shown on page 8, volume 1, of this Manual. The Federal census
enumeration in 1900 gives the County a population of 184,257;
in the 1905 State census the County is credited with 228,950
population; in the most recent, the 1910, census the County's
population is placed at 283,055.
Unlike many counties in the State, Westchester County has
steadily gained in population since the date of its organization ;
in later years the increase has been more pronounced than in
preceding periods. The reasons accounting for this advance
are various. For instance, in 1880 the population of the County
was 108,988 ; ten years later, in 1890, there were in the County
146,772 persons, a gain of 37,784. In 1900 the population was
184,257, a gain of 37,485 within ten years, nothwithstanding the
fact that in 1895 a portion of the towns of Eastchester, Pelham
and Mount Vernon were annexed to New York city. In 1905,
only five years following, when another State census was taken,
we find the County's population still climbing, having reached
the 228,950 mark, with a gain of 45,575 over the last census
figures. In the present year, 1911, we have the latest census
returns, that show increased gains, the amount being 54,105 in
the last five years. Surely we are going some.
Few counties in the State equal, and certainly none present
a better showing as to numbers and quality of its inhabitants,
and, taking all things into consideration, is it surprising that
so many persons strive to get in and so few desire to get
16 MANUAL AXD CIVIL LIST.
out of our County 1 What can be produced more attractive and
holding?
The population of the several cities, towns and villages in
the County will be shown elsewhere under appropriate heads.
Within the last five years the County has been greatly bene-
fited in the way of public improvements.
bullions of dollars have been expended upon the electrification
of the New York Central Railroad, passing through the County,
along the line of the Harlem Railroad branch, from the Grand
Central Station to North AMiite Plains.
Millions of dollars have been expended upon electrifying the
Hudson River Railroad division, completed to Hastings-on-
Hudson.
]\Iillions of dollars have been expended in the electrification
of the New York, New Haven & Hartford Railroad from the
Grand Central Station, through our County, to Stamford, Conn.
iMillions of dollars are to be expended in the construction
and the electrifjdng of the New York, AYestchester & Boston
Railway, to run from Harlem, through this County, including
Mount Vernon, Pelham, New Rochelle and Scarsdale, to White
Plains, and Larchmont, Mamaroneck, Harrison, Rye and Port
Chester, to the Connecticut State line.
iMillions of dollars have been expended in the construction
of the Bronx Valley sewer, running through White Plains,
Scarsdale, Eastchester, Mount Vernon and Yonkers, in this
countv.
Millions of dollars are to be expended in the construction of
the Bronx Parkway, running through this County.
Millions of dollars have been spent in building State roads;
in constructing asphalt pavement, in granite block paving and
in macadam streets.
The boundary line between New York city and Westchester
County, in length between eight and nine miles, is crossed by
a six-track railroad, three four-track, a double and single track
railroad and half a dozen electric trolley railroad lines, with
another four-track railroad in construction.
In the years 1910 and 1911 one of the vital questions con-
fronting residents of the County was— "How shall the several
cities, villages and towns in the County obtain a sufficient supply
of water to meet the demands of a rapidly growing population ? ' '
Until the last five years, previous to 1910, this was not consid- j
ered a serious matter. \
MANUAL AND CIVIL LIST. 17
Years ago when the City of New York first had to go beyond
its boundaries for additional water supply, it naturally turned
to the hills and lakes of Westchester County for it. By various
acts passed by the Legislature, from time to time, it came into
the County and has condemned practically the entire available
water supply.
Of tne five hundred and six square miles in the County, New
York city, through condemnation proceedings, to insure its
water supply, has taken two hundred and six square miles in
the upper and other sections of the County.
It has been carefully estimated that " the big city " has left
only about thirty square miles of water-shed available at this
time for additional use by the municipalities of Westchester
i County. This amount is, of course, absurdly small, and when
it is realized that it is made up of scattering districts where
\ population is rapidly encroaching, it becomes nonsensical to
think of making any plans to use it for a permanent County
I system.
It is admitted that when the passage of the several Legisla-
tive acts was attempted by New York City to appropriate to
its use the several desirable lakes and streams in this County,
I that it might have an ample water supply, Westchester County
authorities should not have complacently permitted the passage
of the acts and allowed the taking, but should have provided
that the future of the County be protected ; but the lack of fore-
t bought may be excusable when we consider that the growth
of the County, as well as the growth of the city of New York,
j "jias been beyond the expectations of residents of the time, and
I future requirements could not be anticipated.
\li| The cities of Yonkers and Mount Vernon are at present in
great need of an additional water supply. These cities being
immediately on the boundary line of New York city at the
southern end of the County, and being the largest centers of
population within the County, are feeling the demand first, but
the same condition exists through all the smaller municipalities
as well as every town, village and city in the County, and all
are endeavoring to find relief.
The city of New Rochelle is specially favored, having a good
supply of water, provided by private enterprise.
By means of special bills, introduced in the State Legisla-
ture in 1910 and 1911, Yonkers and Mount Vernon, and villages
""f the County, to get temporary relief, asked the privilege of
I
\
V
18 MANUAL AXD CIVIL LIST.
connecting with New York City's water mains running tlirougli
the neighborhood. It was asserted by residents of this County
that it was but just that New York City grant assistance to
this County, in way of a water supply, when it could well
afford to do so. Local municipalities should not be put to great
expense necessary in establishing independent water plants when
they have the aqueducts of the City of New York running
through their boundaries and furnishing an ample supply of
water, which belongs to them by right of heritage, taken from
them without recompense by the State Legislature.
Inasmuch as Westchester County was willing that the City
of New York should take its water in the time of need, the
latter City should be willing to render similar aid in the County's
time of need.
An act creating the counties of New York, Kings, Queens,
Richmond and AVestchester as a Metropolitan Election District
and authorizing the appointment, by the Governor, of a State
Superintendent of Election for said district, became a law
July 16, 1898.
The area of the County is 506 square miles; water frontage
5-i miles; improved highways. State roads, etc., 520 miles
public and private improvements under way, estimated cos
$500,000,000.
The County Board of Supervisors, on March 16, 1898, passf
an act establishing and defining the disputed boundary 1
between the towns of New Rochelle and Pelham, and in 1(
fixed the disputed boundary line between New Rochelle g
Scarsdale.
As evidence of the County's growth, consider the figi. •
showing the increase of the value of real and personal est
in the county each year, viz. : In 1839 the total valuation wa^
$7,768,979; in 1879, $52,095,138; in 1889, $66,634,291; in 1898,
$166,869,055: in 1899, $168,536,470; in 1900, $171,709,873; in
1901, $179,339,132; in 1902, $180,451,135; in 1903, $185,145,-
868; in 1904, $192,601,367; in 1905, $205,270,848; in 1906,
$254,800,648; in 1907, $269,027,378; in 1908, $283,867,516; in
1909, $293,249,644; in 1910, $322,327,366.
It is prophesied that the County ten years hence will have
a population, considering present advancement, of fully 425,000
and an assessed valuation of over $500,000,000. The growth
of the County has been wonderful in the last ten years, far
exceeding all predictions.
MANUAL AND CIVIL LIST. 19
The public business of the County has kept pace with the
growth of the population. Ten years ago the Board of Super-
visors considered the business of the County could be trans-
acted at an annual session; now it is necessary to hold monthly
sessions of the Board, and frequently special sessions, in addi-
tion to the annual session.
A State Normal School is to be established in the County.
Besides the regulation State roads, there are the asphalt-paved,
the brick-paved and the macadamized roads and streets every-
where. The old fashioned common dirt roadbed is seldom seen,
and then only in out-of-the-way places not yet reached in the
march of public improvements. Its public roads aggregate
over five hundred miles.
During the year 1909 there were 6,367 mortgages recorded
in the County, amounting to $27,017,535; about fifty per cent,
greater than the amount loaned in 1908, which was $18,106,122.
The total amount in 1910 was more than double that of
1908.
It is authentically stated that in 1910 Westchester County
had the largest number of volunteer firemen in the State of
New York. The number given was 5,260 active members and
6,120 exempt members.
The County is especially liberal in paying officials. The
salaries provided compare favorably with those paid by other
counties in the State. Only in exceptional cases has an official
^ complained of low salary (as they frequently will in all com-
munities), but they were never known to agree with the tax-
I payer who suggested that probably salaries were too high. Even
Iin case one deemed his services were being obtained too cheaply
he never expressed a desire to return to ** the good old times,"
^hen, in the early days, the salaries of the officers of this County
iwere paid in pelts ; when the County Clerk, who now gets $10,000
\per annum, payable monthly, was satisfied to take for his services
WOO beaver skins, and considered himself well paid. Pelts were
jplentiful in those days as pennies now, and much better dis-
tributed for purposes of currency and barter. Later the salary
f the County Clerk was increased to 100 buck skins. The Jus-
tice's salary was paid in mink skins. Even in that day State
fficials were satisfied to accept deer skins, raccoon skins and
ther pelts in return for services rendered.
\
20 MANUAL AND CIVIL LIST.
WESTCHESTER COUNTY LAKES
Acquired by the City of New York, to contribute to its water
supply, are as follows:
Croton Lake/ in the towns of Yorktown, New Castle, Somers,
Bedford, Lewisboro and North Salem.
Kensico Lake/ in the to\^^ls of North Castle and Mount
Pleasant.
Bvram Lake in the towns of Bedford and North Castle.
Big and Little Rye Lakes, in the towns of Harrison and North
Castle.
Wampus Lake, in the town of New Castle.
RESERVOIRS IN THE COUNTY
Belonging to the City of New York, for the storaoje of water^
for use of residents of that city, are as follows :
Croton Dam, commonly known as Croton Lake, lying in the
towns of Cortlandt, Yorktown, New Castle, Bedford, Somers,
Lewisboro and North Salem.
Cross River, in the to^^Tis of Bedford, Lewisboro and Pound-
ridge.
Kensico Reservoir, in the towns of North Castle and Mount
Pleasant.
Reservoir "A," in the town of Somei'^.
Reservoir "K," part in the town of Somers and part in the
countv of Putnam.
Reservoir *'M, " in the town of North Salem.
Most of the Lakes acting as feeders to the Croton system in -
Westchester County are located in Putnam county. f
^ Croton Lake and Kensico Lake -^vere but streams, hardly worth the I
name of lake, before the City of New York acquired them. Croton Lake^^
was made by that City in 1836; Kensico Lake was made in 1883. Byram^
Lake, Big and Little Eye Lakes and "Wampus Lake are natural lakes.
' All reservoirs are open ; the water can be drawn off readily when need ^
be for any purpose. , .
,4
in
live
kh
•iar
i[
POPULATION SHOWN BY CENSUS.
The population of Westchester Coxmty, according to the
census of 1910, is shown by the following official report, issued
by the Director of the Bureau of the Census, at Washington,
D. C;
Department of Commerce and Labor,
i bureau of the census,
Washington.
I
February 11, 1911.
I Mr. Henry T. Smith,
j White Plains, N. T.
\ Sir:
In reply to your letter, here is inclosed a copy of an advance
bulletin giving the population, according to the returns of the
Thirteenth Census, of Westchester County, New York, by minor
civil divisions.
Very respectfully,
E. DANA DURAND,
Director.
NEW YORK.
I Population of Westchester County by Minor Civil Divisions—
^ . 1910 :
i
i
Westchester county 283 ,055
Mt. Pleasant town, including Briar Cliff Manor (part of),
, North Tarrytown, Pleasantville, and Sherman Park vil-
1 lages 11 ,863
Briar Cliff Manor village (part of) 23
Total for Briar Cliff Manor village (1) in Mt.
Pleasant and Ossining towns 950
North Tarrytown village 5,421
^ Pleasantville village 2,207
i Sherman Park (3) now Hillside 423
Mt. Vernon city 30,919
V Ward 1 5,779
Ward 2 6,511
Ward 3 4,327
{ Ward 4 8, 746
i Ward 5 5,556
;/j'ew Castle town, including Mt. Kisco village (part of) ... . 3,573
I Mt. Kisco village (part of) 1 , 536
I 21
22 MANUAL AND CIVIL LIST.
New Rochelle city 28,867
Ward 1 5,663
Ward 2 8 , 740
Ward 3 5,569
Ward 4 8,895
North Castle town 1 , 522
North Salem town 1 ,258
Ossining town, including Briar Cliff Manor (part of) and
Ossining villages 12,828
Briar Cliff Manor (part of) 927
Ossining village 11,480
Pelham town, including North Pelham, Pelham, and Pel-
ham Manor villages 2,998
North Pelham village 1,311
Pelham village 681
Pelham Manor village 852 (4)
Poundridge town 725
Rye town, including Mamaroneck (part of). Port Chester,
and Rye villages 19,652
Mamaroneck village (part of) 2,285
Port Chester village 12,809
Rye village (5) 3,964
Bedford town, including Mt. Kisco village (part of) 5,629
Mt. Kisco village (part of) 1 ,266
Total for Mt. Kisco village in Bedford and New-
Castle towns 2,802
Cortlandt town, including Croton-on-Hudson and Peekskill
villages 22,255
Croton-on-Hudson village 1,806
Peekskill ^'illage 15,246
Eastchester town, including Bronxville and Tuckahoe vil-
lages 6,422
Bronxville village 1 , 863
Tuckahoe village (1) 2,722
Greenburgh town, including Ardsley, Dobbs Ferry, Hast-
ings-upon-Hudson, Irvington, Tarrytown and '\Miite
Plains (part of) villages 23, 193
Ardsley village 537
Dobbs Ferry \'illage 3 , 455
Hastings-upon-Hudson village 4,552
Irvington village 2 ,319
Tarrji:own village 5 , 600
White Plains town, including ^Miite Plains village (part of) 15,045
White Plains village (Wards 3, 4 and 5 and parts of
Wards 1 and 2) 13,904 f
AMiite Plains village (parts of Wards 1 and 2) 2,045 1
Total for ^Miite Plains village in Greenburgh and ;
"VMiite Plains towns 15,949 /
Ward 1 3,347 t
Ward 2 3,456 i
Ward 3 3,538 '
Ward 4 2,190 \
Ward 5 3,418 ;
Harrison town 4 , 22b
Lewisboro town 1 , 12'-
Mamaroneck town, including Larchmont and Mamaroneck
(part of) villages 5 , 60
Larchmont village 1 ,958 i^
Mamaroneck village (part of) 3,414
Total for Mamaroneck village in Mamaroneck and
Rye towns 5,699
Scarsdale town 1 , Sij^
Somers town 1 , 22
/
MANUAL AND CIVIL LIST. 23
Yonkers city 79,803
Ward 1 8,268
Ward 2 6,596
Ward 3 6,730
Ward 4 11,037
Ward 5 12,272
Ward 6 12,568
Ward 7 9,939
Ward 8 3,661
Ward 9 5,138
Ward 10 3,594
Yorktown 3,020
Total population in the county 283,055
(1) Incorporated in 1902.
(2) That part of Mamaroneck village in Mamaroneck town, not separately
returned.
(3) Incorporated in 1906.
(4) Not separately returned.
(5) Incorporated in 1904.
(6) Includes population (10,029) of Westchester town.
As shown by this last Federal Census, the population of the
United States, exclusive of Alaska and all insular possessions,
but with the army and navy not fully reported, is announced
officially at 91,972,267. Most people are likely to regard the
continental United States, including Alaska, as our true coun-
try, and hence we can call ourselves in round numbers 92,000,000.
These figures exceed considerably the early estimates of the
census experts, and are of vital importance in considering the
tendencies and future of the Republic. The increase has been
21 per cent., a slightly greater percentage than that of the
I preceding decade, but in actual numbers the gain has been
•j'more than two and a half millions greater than that of 1890-
,xil900. Hitherto the percentage has been dropping.
{ The growth has been exceedingly uneven, more so than ever
I before, and there are several striking features. The first is the
( enormous increase of the city of New York. This may be
\ fairly called a phenomenon. Nothing like it has ever occurred
before. The city increased within its limits 1,329,000. Many
of the adjoining towns in Westchester County, on the north,
doubled. The true New York, including all suburbs, which are
its overflow, gained about 1,800,000, and the figures place the
population of the metropolitan district at about 7,000,000. This
increase also is cumulative. A State census was taken in 1905
and for the first half of the decade the increase was 115,000 a
year, but for the second half it rose to 151,000 annually. The
same result was shown in the adjoining Westchester County
24 MAXUAL AND CIVIL LIST.
cities. It is quite obvious that New York is soon to be the
largest city in the world.
Greater New York itself, the political New York, has grown
by 1,329,000. No State except Pennsylvania equalled this
growth. All Illinois gained less than two-thirds as much; Ohio
not half.
Metropolitan New York has been defined as including West-
chester County, and certain localities on Long Island and in
New Jersey. A part of the population of this wider region is
rural in character because of distance from railways, but it is
as well defined as political divisions permit. It includes close
to 7,000,000 people, and has grown in ten years about 2,000,000 ;
say as much as the ten combined States of Missouri, Kentucky,
Tennessee, North Carolina, South Carolina, Virginia, AVest Vir-
ginia, Mississippi, Maryland and Florida.
Commuting New York includes, besides the metropolitan area
thus defined, considerable sections of Suffolk, Putnam, Dutchess,
Rockland and Orange Counties, of Greenwich, Stamford and
probably as far as Bridgeport in Connecticut, and of close-by
New Jersey. This added area, not accurately definable, a con-
siderable part of whose adult men are daily denizens of New
York, contains half a million or more souls, and has made an
increase equal to Utah's. In summer the tributary area is eve
wider.
The census gives much information of value and teaches
much in its presentation of facts and figures.
To the thousand millions which Congress appropriates c
year, most of it on account of wars past and to come, mu
added, by one who would know the actual burdens that the
people carry, the cost of city, county and State governments.
The Census Bureau recently contributed some information on
this subject in a bulletin showing that in 1908 the expenditures;
by 158 of the principal American cities amounted to $405,000,-
000. Municipal outlay per capita runs all the way from $27.58
in Boston and $2-4.71 in New York to $12.34 in Baltimore and
$12.76 in New Orleans. More than one-half of these hundreds
of millions goes for education and police and fire protection.
Wasteful as local administration often is, it is certain that
the people who foot the bills get more for their money than is
the case at Washington. Recklessness there begets recklessness
in the cities and the States, so that extravagance is likely to
characterize every public enterprise and agency. If in addi-
MANUAL AND CIVIL LIST. 25
tion to the known cost of government that is merely wasteful
we could ascertain the sums which the people pay by reason
of monopolistic combinations operating under unjust laws or
in defiance of law, we should have the figures of a tax oppres-
sion probably without a precedent.
Most of these dollars, whether wisely used or squandered or
pilfered, are wrung primarily from industry. Rents and prices
of commodities must rise while such exactions mount higher and
higher. We have no other question in this country of such vital
importance to every man, woman and child as that which
involves economy, efficiency and justice in the public service.
First Federal Census, 1790.
A census of the United States is required to be taken every
ten years, as provided by the Constitution. The first was taken
in 1790, under the supervision of the President of the United
States; subsequent censuses, to and including that of 1840,
were taken under the supervision of the Secretary of State.
In 1849 the newly organized Department of the Interior directed
the work and continued such supervision until relieved by the
Department of Commerce and Labor created by act of Con-
gress in 1903. In the preceding year an act of Congress made
the Census Office a permanent bureau of the Government, under
direction of a Director of the Census. This bureau is now
attached to the Department of Commerce and Labor. The
Director of the Census is appointed by the President of the
United States, and receives a salary of $7,000 per year. The
Census Bureau gives employment, in office work, to about 700
persons.
The act of Congress authorizing the taking of the first census
in 1790, was passed at thQ second session of the first Congress,
and was signed on March 1, 1790. This act required the
marshals in each State to take an enumeration of the inhabi-
tants in their respective districts, employing such assistants
as were necessary to do the work. On October 27, 1791, the
census returns were made to Congress. Considering that the
work of enumeration was not commenced until August 1, 1790,
the census was concluded in one year and two months. The
census was taken in seventeen States; unfortunately the sched-
ules for six States were destroyed by fire when the British
army burned the capitol building at Washington, during the
War of 1812; the schedules for the State census of Virginia
26 MAXUAL AXD CIVIL LIST.
for three years were substituted for the schedules of the census
of 1790 iu this State, but they were not complete.
According to this census, of 1790, which represents a complete
list of the heads of families in the United States at the time of
the adoption of the Constitution, there were 3,231,533 persons
in the country at the time, less than one-twenty-sixth of the
number of present population.
In making these early enumeration schedules, reference is
made only to heads of families, accordingly there are only about
540,000 names recorded on original lists. Families of that time
averaged six persons. The schedules which were destroyed and
not replaced contained 110,000 names, so that only about 400,000
names appear on the published schedules. The gross area of
the country at that period was 827,844 square miles, of which
29 per cent., or 239,935 square miles, only was settled.
According to the published schedules, the 1790 census showG
the several States to have population as follows: Virginia,
474,610; Pennsylvania, 434,373; New York, 340,120; North
Carolina, 393,751; Maryland, 319,728; South Carolina, 249,073;
Connecticut, 237,946 ; Xew Jersey, 184,139 ; New Hampshire,
141,885 ; Maine, 96,540 ; Yermont, 85,539 ; Georgia, 82,548 ; Ken-
tuck^', 73,977; Rhode Island, 68,825; Delaware, 59,094.
The census enumeratoi^ of this early date, who were assistant
United States marshals, were, evidently, permitted to exercise
their own judgment as to the form in which they made their
returns, except that a table was provided which they were
required to follow. It was made up of five columns, and the
headings were as follows : Names of heads of families ; free
white males of 16 years and up, including heads of families;
free white males under 16 years; free white females, including
heads of families; all other free persons; slaves. The assistant
marshals acted in taking following census enumerations, includ-
ing that of the 1820 census. They in their work used no special
forms, in fact the stationery used was such scraps of writing
paper as they found close at hand, regardless of form or
quality; their records were usually kept on merchant's account
paper, and quite frequently the returns, to give them the appear-
ance of " official importance," were bound in fancy figured
wall paper.
The total number of negro slaves in the United States in
1790 was 697,897 : the census of that year showed 21,324 negro
slaves in the State of New York; 1,419 slaves in "Westchester
County.
MANUAL AND CIVIL LIST. 27
The cost of the 1790 census was $44,377, and 650 persons were
engaged in its taking; contrast this with the estimated expense
of the 1910 census— $19,000,000, and the employment of about
110,000 persons. The returns published of the 1790 census fill
one small volume; the published returns of the twelfth (1900)
census fill ten large quarto volumes, containing 10,400 pages
in all.
Under a special act of Congress, the 1790 census returns were
republished, in book form, in 1907. The volimie devoted to
the State of New York contains a map of the State at that
period. On this map there are no lines designating AVest-
chester County, one of the original counties of the State. But
old towns of our County, to a limited number, are shown. Bed-
ford was then the principal township, next came Cortlandt,
giving evidence that the greater number of population had
centered in the northern section of the County; this has been
accounted for by the report that many people of the County
removed from the lower to the upper section of the County to
escape persecution by the British, then in New York city, dur-
ing the Revolutionary War. Westchester and Morrisania then
covered the territory now occupied by the Borough of the Bronx,
New York city. Yonkers has no place on the map ; in its stead
is mentioned the town of Phillipsburg, which name in later
years gave way to that of Yonkers; Eastchester, built around
the spot where now stands the old St. Paul's Episcopal Church,
is mentioned on this old map. On the green in front of this
church was the place where the county militia met to drill. New
Eochelle, later a haven for banished Huguenots, is also given a
place on the map, as is Rye, containing the homes of many
Revolutionary patriots and where our County's Board of Super-
visors was first organized. White Plains, the present County
seat, ^' is not on the map " of that early day.
Westchester County is mentioned as one of the counties of
the state in the published schedules of the 1790 census, and the
population of the County is given as 24,003, of which number
1,419 were negro slaves.
The total population of the towns in the County was shown
to be as follows:
Bedford, 2,470; Cortlandt, 1,932; Eastchester, 740; Green-
burg, 1,450; Harrison, 1,004; Mamaroneck, 452; Morrisania,
143 ; Mount Pleasant, 1,924 ; New Rochelle, 694 ; North Castle,
2,478; North Salem, 1,058; Pelham, 199; Poundridge, 1,062;
Rye, 986; Salem, 1,453; Scarsdale, 281; Stephen (now known
28
MANUAL AND CIVIL LIST.
as the town of Somers), 1,297; Westchester, 1,141; Whiter
Plains, 605; Yonkers, 1,125; York (now Yorktown), 1,609.
Census of 1820.
A census taken in 1820 stated the population of Westchester
County, by towns, to be as follows:
Bedford
Cortlandt
East Chester. . . .
Greenburgh
Harrison
*Mount Pleasant
Mamaroneck. . . .
New Castle
New Rochelle. . .
North Castle. . . .
North Salem. . . .
Pelham
Poundridge
Rye
Scarsdale
Somers
South Salem ....
West Chester . . .
^Miite Plains. . . .
Yonkers
Yorktown
Totals
Whites
32,423
Slaves
2,427
5
2,432
3,402
19
3,421
1,001
20
1,021
2,039
25
2,064
982
12
994
3,668
16
3,684
878
0
878
1,366
2
1,368
1,129
6
1,135
1,477
3
1,480
1,164
1
1,165
283
0
283
1,356
1
1,357
1,329
14
1,343
322
7
329
1,834
7
1,841
1,427
2
1,429
2,136
26
2,162
667
8
675
1,550
36
1,586
1,986
5
1,991
215
Totals
32,638
* The town of Ossining was then included in that of Mount Pleasant.
Yonkers had 36 slaves, the largest number, and Mamaroneck
and Pelham had none.
Census of 1825.
The census of 1825 gave the County a population of 33,131;
16,692 male persons and 16,439 females. Also showed that
there were in the County the year preceding 193 marriages, 941
births, and 391 deaths; that the County contained 239,458 acres
of improved land; 30,933 head of cattle, 6,566 horses, 38,042
sheep and 39,293 hogs. Manufactured 36,003% yards of
domestic fulled cloth, 35,6321/4 yards of flannel and woolen
cloth — not fulled, and 97,3491/2 yards of linen, cotton and thin
cloth, were produced in the year 1824. In the County there
were, at this time, 71 grist mills, 74 sawmills, 5 oil mills, 26'
fulling mills, 3 cotton factories, 3 woolen factories, and 22
distilleries.
MANUAL AND CIVIL LIST.
29
The population of the county, as shown by the several census
enumerations, taken in 1698 and subsequently, was as follows
j In 1698, 1,063 ; in 1703, 1,946 ; in 1712, 2,815 ; in 1723, 4,409
^n 1731, 6,033 ; in 1737, 6,745 ; in 1746, 9,235 ; in 1749, 10,703
^n 1756, 13,257 ; in 1771, 21,745 ; in 1790, 24,003 ; in 1800, 27,347
m 1810, 30,272 ; in 1814, 26,367 ; in 1820, 32,638 ; in 1825, 33,131
iin 1830, 36,456 ; in 1835, 38,789 ; in 1840, 48,686 ; in 1845, 47,394
(in 1850, 58,263; in 1855, 80,678; in 1860, 99,497; in 1865
101,197; in 1870, 131,348; in 1875, 103,564*; in 1880, 108,988
ino census taken in 1885) ; in 1890, 146,772; in 1892, 147,830
Ino census taken in 1895) ; in 1900, 183,375; in 1905, 228,950
m 1910, 283,055.
The population of Westchester County, by minor civil divi
sions, from 1860 to and including 1905, was as follows:
Town
edford
ortlandt
Eastchester
Greenburgh
. Harrison
. Lewisboro
. Mamaroneck
'. Morrisaniaf
; Mount Vernon City .
'. Mount Pleasant . . . .
New Castle
" New Rochelle
tew Rochelle City,
orth Castle
ssining
P'elhamJ
P-oundridge
Rye
S^carsdale
WestchesterJ
West Farms t
White Plains
"V\onkers§
Y jonkers City
Yprktown
1865
3,465
9,393
5,615
8,463
1,380
1,653
1,393
11,691
4,389
1,879
3,968
2,198
6,213
1,043
1,299
4,675
557
3,926
7,333
2,122
12,756
2,559
1875
3,744
11,928
8,294
10,943
1,431
1,598
1,425
5,411
2,242
4,678
1,961
8,533
1,538
1,008
5,936
529
6,560
2,749
17,232
2,610
1880
3,731
12,664
8,737
8,934
1,494
1,612
1,863
5,450
2,297
5,276
1,818
8,769
2,540
1,034
6,576
614
6,789
4,094
18,892
2,481
1890
3,291
15,139
15,442
11,613
1,485
1,417
2,385
5,844
2,110
9,057
1,475
10,058
3,941
830
9,477
683
10,029
4,508
32,033
2,378
1892
3,267
14,039
17,763
11,630
1,444
1,369
2,470
5,870
2,187
9,990
1,403
8,814
2,696
841
9,680
594
8,326
4,952
31,419
2,241
1900
3,497
18,703
3,040
15,564
2,048
1,311
3,849
21,228
8,698
2,401
14.720
1,471
10,895
1,571
823
12,861
885
7,869
47,931
2,421
1905
4,759
21,079
3,986
18,635
2,922
1,542
5,655
25,006
9,728
2,956
20,479
1,483
10,316
1,841
798
18,077
1,018
12,129
61,716
2,294
*The apparent decrease in 1875 is owing to several towns in the southern
Befction of the county being annexed to New York city and the taking away
of \ several thousands of population.
if Towns of Morrisania, West Farms and Kingsbridge annexed to City of
NW York, by Legislature, Chap. 613, Laws of 1873.
' % Town of Westchester and parts of Eastchester and Pelham annexed to
City of New York, by Legislature, Chap. 934, Laws of 1895.
i § City of Yonkers erected from town of Yonkers by Legislature, Chap.
8616, Laws of 1872, and town of Kingsbridge erected from town of Yonkers
hy
Supervisors, December 19, 1872.
30 MANUAL AND CIVIL LIST.
States in order according to population run as follows : New
York, Pennsylvania, Illinois, Ohio, ^Missouri, Texas, Massachu-
setts, Indiana, Michigan, Iowa, Georgia, Kentucky, Wisconsin,
Tennessee, each with over 2,000,000 population. Nevada has,
the smallest population.
The largest county in the United States is Custer County, in
Montana, which has 20,490 square miles. The smallest county'
is Bristol County, Rhode Island, which has 25 square miles.
In considering the census reports we are informed, as tq
proportion of sexes in the United States, that there are morr
males than females in this nation. As a rule, sparsely settled
regions have an excess of males and densely settled regions
an excess of females. Cities have more females than males. /]
Increasing proportion of girls among school children. Women
live longer than men. Death rate higher for males than
females. I
The population of New York city is 40.4 per cent foreign born, i
Under provisions of Congress, act of July 2, 1909, the Thir-j
teenth Census was directed to be taken in 1910, commencing •,
April 15. The office clerical force was increased to 4,000 1
employees; 330 supervisors of the census and nearly 70,000 1
enumerators were appointed. In June, 1909, Congress appro-
priated $10,000,000 to meet the expenses of this last census,!
and it was estimated that more than half as much again addi- i
tional would be needed to meet the expense of finishing the
census and putting it in shape for presentation to the public.
The total white population of the original area of the United.
States in 1610 was but 210 persons. In 1900 the twelfth census
showed a population in our territory at that time of over
76,000,000. In 1910 we find it to be 92,000,000. The taking'
of the census every ten years is somewhat of a task, as can well'
be imagined, when it is taken into consideration that in 1900 it-
cost Uncle Sam no less than $13,000,000, and in 1910 mucl^
more. Since former date it is figured that his family has in-
creased by about 16,000,000 members. The enumeration had to
be finished within two weeks in the cities that had 5,000 popu-
lation or over at the last census, and within 30 days in aM
other areas. To perform this task promptty the United Stat'^^s
employed the services of 75,000 men, outside the Washington
Bureau force. The cost of the census of 1910, it is estimated,
will be about $19,000,000.
But it is expected that these figures will be reduced, owinlg
MANUAL AND CIVIL LIST.
31
to the economical and improved methods installed in the Census
^Bureau. Much saving has been effected by the introduction of
semi-automatic electrical card-punching, tabulating and sorting
machines. The permanent force of the Census Bureau includes
700 clerks.
The figures and facts of the new census, already sifted out and
analyzed, have produced much valuable information. The work
on the whole is of the utmost importance, and affords us data
for the solution of national problems that we cannot do without
ii we are to make intelligent progress.
Cities in the County.
Incor-
porated
Population
1900
1905
1910
*Yonker8, in town of Yonkers, was
incorporated as a village in 1855,
and as a city in
*Mount Vernon, in town of East-
chester, was incorporated as a vil-
lage in 1853, and as a city in
*New Rochelle, town of New Rochelle,
was incorporated as a village in
1858, and as a city in
1872
1892
1899
47,931
21,228
14,720
61,716
25,006
20,479
79,803
30,919
28,867
* These cities were chartered by special acts of the Legislature.
Yonkers has become a second class city, as provided for by
general act of the Legislature ; a position earned by its rapidly
increasing population.
Incorporated Villages in the County.
■
Incor-
porat-
ed
1900
Popu]
1902
ation
1905
1910
Ardsley, town of Greenburgh
Briar Cliff Manor, towns of Ossining and
Mt. Pleasant
1896
1902
1898
1898
1873
1910
1879
1872
1891
1895
404
"'"579
1,533
2,888
392
381
611
1,421
2,780
470
417
994
1,599
3,515
537
950
Bronxville, town of Eastchester
Croton, town of Cortlandt
1,863
1,806
Dobbs Ferry, town of Greenburgh
Elmsford, town of Greenburgh
3,455
828
Hastings-on-Hudson, town of Green-
burgh
Irvington, town of Greenburgh
Larchmont, town of Mamaroneck
Mamaroneck, towns of Mamaroneck and
Rye
2,002
2,231
945
4,722
2,171
2,236
989
3,988
3,060
2,480
1,760
5,090
4,552
2,319
1,958
5,699
32
MANUAL AND CIVIL LIST.
*Moiint Kisco, towns of Bedford and
New Castle
North Pelham, town of Pelhara
North Tarrvtown, town of Mt. Pleasant
*Ossining. town of Ossining
*Peekskill, town of Cortlandt
Pelham, town of Pelham
Pelham Manor, town of Pelham
Pleasant ville, town of Mount Pleasant. .
*Port Chester, town of Rye
Rye Village, town of Rye
Sherman Park,t town of Mount Pleasant
Tarrj'town, town of Greenburgh
Tuckahoe, town of Eastchester
*White Plains, town of White Plains . . .
Incor-
porat-
ed
1875
1896
1874
1813
1827
1896
1891
1897
1868
1904
1906
1870
1902
1866
Population
1900
1,346
684
4,241
7,939
10,358
303
1,204
7,440
4,770
7,899
1902
1,535
693
4,165
7,793
12,448
368
594
1,246
8,631
4,961
1,111
1905
1,850
850
4,750
7,135
13,200
349
638
1,585
11,198
4,076
288
5,370
1,580
11,579
1910
2,802
1,311
5,421
11,48C'
15,24f
681.
852
2,20:
12,80^
3,964
423
5,600
2,722
15,949
* The star indicates the villages incorporated by special act of the Legis-
lature.
t Name changed to Hillside.
Port Chester, from April 23, 1823, to March 11, 1837, was
known by the name of ' ' Saw-Pit ; " on the latter date the name
'' Port Chester " was adopted. West Mount Vernon and Cen-
tral Mount Vernon were incorporated as a village in 1869 ; in
1875, by vote of the citizens, this village decided to consolidate
and become a part of the village of Mount Vernon. Ossining was
formerly known as the village of Sing Sing; because the latter
name was deemed objectionable owing to its connection with
the State Prison located within the village, a special act of the
Legislature was secured permitting the change of name as to
the village and leaving the old name in sole possession of the
prison.
THE PROBLEM OF GOVERNING.
We of this present day cannot fully realize the difficulties
that confronted the founders of the Nation when they discovered
themselves liberated from control of the mother country and
privileged to devise ways for the government of themselves.
Writers of American history dwell with considerable emphasis
upon the serious conditions prevailing during the period embrac-
ing the fifteen years which intervened between the meeting of
the First Continental Congress, in 1774, and the beginning of
government under our present Constitution. During these years
the country's future was often imperiled, not only by the suc-
cesses of the British Army in the early stages of the Revolu-
tionary War, but at all times by the inefficiency of our own
central government, and later, after our arms had been victori-
ous and the power of Great Britain had been banished from our
shores, by the petty jealousy, suspicion and rivalry which pre-
vailed among the respective Colonies.
There had been no permanent union of the Colonies prior to
1774, but each had been careful to preserve its political identity.
Attempts at union had been viewed with distrust by the colo-
nists and regarded with disfavor by England. A defensive
alliance between the New England Colonies for the purpose of
protecting their settlements from attacks by hostile Indians had
been effected, but this union did not contemplate a plan for
the government of all the Colonies by a central authority.
In 1754 Benjamin Franklin and others succeeded in getting
together a meeting of representatives from many of the Colo-
nies, in what is known as the '' Albany Convention." Here
an attempt was made to perfect a union of the Colonies, but
the lack of harmony on the part of the colonists and the oppo-
sition of England proved the attempt a failure. The " Stamp
Act " and the increased oppression of Great Britain succeeded
in making a union necessary. Delegates from eight Colonies
formed, in 1765, what was known as '' The Stamp Act Con-
gress." The continued aggressions of the English government
finally led to the formation of the First Continental Congress,
to which all Colonies agreed to send delegates.
33
34 MANUAL AXD CIVIL LIST.
The First Continental Congress met in September, 1774. Laws
enacted by the British Parliament, which the colonists regarded
as oppressive, roused the people and caused the formation cf
this Congress. These obnoxious laws are referred to as the
Boston Port Bill, virtually closing the port of Boston to com-
merce: the Transportation Bill, whereby in certain cases per-
sons accused of murder in resisting the laws might be sent to
England for trial : the ^Massachusetts Bill, an attempt on the
part of England to modify the charter of Massachusetts; the
Quartering Act. prcividing for the quartering of British soldiers
upon the people: and the Quebec Act, depriving the Colonies
of Massachusetts, Connecticut and Virginia of the vast North-
western Territorv claimed bv them between the Great Lakes
and the Ohio and Mississippi Rivei^. and annexing the same to
the Pro'^ince of Quebec. The indignation aroused by the pas-
sage and attempted enforcement of these laws was such that,
under the lead of ]\Iassachusetts and Virginia, a body composed
of delegates from all of the thirteen Colonies, except Georgia,
assembled in Philadelphia to take such action as might be deemed
necessaiy to obtain a redress of their grievances. This assembly
is known in history as the First Continental Congress. It
remained in session in Carpenter's Hall, in Philadelphia, from
September 5. 1774. to October 26. 1771.
In these sessions the Congress, on behalf of the people of the
Colonies, adopted a '' Bill of Rights " (setting forth certain
inalienable rights of the people, in the enjo\^nent of which they
are to be forever protected by the Government, and thereby
placing well defined restrictions upon the powers of the Gov-
ernment and its officei^). and formulated addresses to the
people of the Colonies and to the king and people of Great
Britain, for the purpose, as it was hoped, of bringing about a
better understanding between the parties to the controversy,
and thus avoiding further conflict. It is to be noticed that at
this time the people of the Colonies were still loyal to England
and had no thought of becoming an independent nation, but
sought only to obtain what they conceived to be their rights as
Englishmen. The acts of the First Continental Congress are
important in the political history of our country because, by its
proceedings, the sentiment in favor of union between the Colo-
nies was strengthened and developed, and at that time general
laws were first enacted commanding the respect and obedience
of the entire country, and, being ratified and approved by
MANUAL AND CIVIL LIST. 35
the respective Colonies, they had all the dignity of national
laws.
The Second Continental Congress met in Philadelphia in
May, 1775. At this time the battle of Lexington and Concord
had taken place and the authority of Congress was recognized
as the supreme power of the land. Congress at once assumed
management of the Continental Army, raised money for prose-
cuting the war with Great Britain, and, on behalf of the united
Colonies, entered into negotiations with foreign countries. The
exercise of such powers as these is one of the attributes of sov-
ereignty, and, with the creation of a central government repre-
senting the entire country, the history of the American Union
commences.
The Continental Congress has been called a revolutionary
body, because there was no legal authority for its existence.
Its organization was the spontaneous act of the people, caused
by the pressing necessity for some central government. It
assumed to act with an authority which it did not really pos-
sess, because no powers had ever been conferred upon it expressly
by the people, and its existence was due solely to the necessity
of meeting the crisis occasioned by the war with Great Britain.
Most of its acts had the effect of general laws, as they met
with the consent and approval of the people; otherwise Con-
gress would have been powerless to enforce its own commands.
Such a government as this could not be otherwise than ineffi-
cient and unsatisfactory, and with the Declaration of Inde-
pendence the need of a stronger central government was more
apparent than ever, for then the Colonies assumed a place among
the sovereign, independent nations of the world and required a
government having at least power to enforce the obedience of
its own citizens.
In 1777, the Articles of Confederation were prepared and
submitted to the people of the Colonies for approval. The
object of the Confederation was stated to be the formation of
a '* league of friendship " between the States " for their com-
mon defense and the security of their liberties and their mutual
and general welfare." The Articles of Confederation were
finally adopted in 1781, when the war with Great Britain had
practically ceased; but the government under them was a
failure, because their plan, while contemplating the creation of
a national government, still did not deprive the States of their
sovereign powers and left them undisturbed in the exercise
36 MANUAL AND CIVIL LIST.
of powers inconsistent with the theor^^ of a strong central
government.
A well-known writer, speaking of our nation's early govern-
ment and referring to the failure of the Articles of Confedera-
tion to accomplish what was intended, owing to the want of
power to do certain things necessary for the government's
maintenance, says :
'' For example, it is impossible for any government to exist
unless it has the power of raising money with which to meet its
obligations. This must be done by taxation, which is simply
a method of taking a certain amount of the private property of
citizens and applying the same to the payment of the expenses
of the government incurred for the common good of all.
'^ Under the ' league of friendship ' the expenses of govern-
ment were to be paid out of the common treasury, supplied by
the States in proportion to the value of all land within each
State, but the taxes for paying that proportion were to be levied
by the Legislatures of the several States, not by Congress con-
taining representatives from all States. Consequently, no mat-
ter how serioush' Congress mis"ht need monev, it could obtain
none unless the States carried out their compact and levied the
necessary taxes, a thing which they generally failed to do.
Hence, at the very outset, we find the national government
absolutely without the power of taxation, probably the most
necessary and fundamental prerogative for any government to
possess.
'^ Another of the inseparable attributes of sovereignty is the
power to make treaties with foreign nations for the purpose of
regulating trade between the countries. Under the Articles of
Confederation, Congress had no such power, and consequently
Spain and Great Britain refused to make any commercial
treaties with the new government, and, in addition, did all they
could to hamper the commerce of the States by exacting burden-
some taxes upon imported goods and by other restrictions upon
trade. This condition of things imposed great hardship upon
the people of this country, because they were neither able to
purchase abroad many articles of necessity not manufactured
here, nor could they dispose of their agricultural products,
which constituted their chief wealth.
' ' A short experience with the scheme of government furnished
by the Articles of Confederation served to show that nimierous
amendments were required to promote the efficiency of the gov-
MANUAL AND CIVIL LIST. 37
ernment, and that without such amendments the union of the
States, instead of being perpetual, as the Articles had planned,
was in constant danger of complete disruption. When this con-
clusion was reached another glaring defect was found, in that
it was provided by these Articles that no amendment could be
made unless agreed to in a congress and afterward confirmed
by the Legislatures of all the States, thus rendering it extremely
difficult, if not in many cases absolutely impossible, to secure
any alteration in the government system.
** Many other defects in the Articles of Confederation might
be mentioned, but these few will serve to show how imperfect
was the system. After the close of the Revolutionary War, and
from 1781 to 1789, the condition of the country was deplorable.
This has been called ' the critical period of American history,'
because then the chances for the success of popular government
in this country were about evenly balanced. It w^as, indeed,
* a time that tried men's souls/ as had been said of the Revo-
lutionary period.
*' The close of the war had left the country burdened with a
large debt, on which Congress could not pay the interest,
because it had no money and no means of getting any. States
often refused to pay their due proportion into the public treas-
ury. Open rebellion existed in some parts of the country and
Congress was powerless to enforce order. No gold was in cir-
culation and paper money had been issued by the States and by
Congress to such an extent as to depreciate its value and render
it worthless. Commerce was at a standstill and the entire
country was bankrupt. Thoughtful people feared a state of
anarchy would soon prevail and the disruption of the Federal
Union would follow, some even believing that England would
again conquer the country, for the king's troops were still quar-
tered in the military posts along the northern frontier.
*^ Under such circumstances as these the necessity for a
stronger central government became imperative, but the result
was not easy to accomplish. More than one attempt was made
and failed, but finally a convention composed of delegates from
all the Colonies, except Rhode Island, was assembled in Phila-
delphia on the 14th day of May, 1787. This convention con-
tinued in session for four months, and as the result of its labors
the present Constitution of the United States was framed and
presented to the people for approval.
38 MANUAL AXD CIVIL LIST.
" But little is known as to the debates which occurred during
the sessions of this convention, for the only record of its pro-
ceedings which has been preserved consists of the notes taken
by James I\Iadison (afterwards President of the United States)
and others, who were in attendance as delegates. These notes
were very full and make most interesting reading, because they
show the range of subjects under consideration and the names
of those who were in attendance and participated in the dis-
cussions. From these records we learn that the proceedings
were reasonably unanimous and free from violent discussion,
except upon three questions, the most important of which was
the manner in which the different States should be represented
in the Federal Congress. And here we again have occasion to
notice distrust and suspicion on the part of the smaller toward
the larger States. The delegates from the smaller States insisted
that, inasmuch as the convention was forming a union of sov-
ereign States, each of the States should have an equal represen-
tation in Congress, while on behalf of the larger States it was
urged that the number of representatives from each State should
be based upon its population. This dispute was compromised
by giving to each of the States an equal representation in the
Senate, and providing that in the House of Representatives the
number of members from each State should be determined by
the population. The two remaining questions which provoked
serious discussion were whether or not the slave trade should be
permitted to continue, and how slaves should be counted in
estimating the population of a State as a basis for determining
the number of members to which it should be entitled in the
House of Representatives. These questions were of immense
importance at that time, but owing to the complete abolition of
slavery in this country they are now interesting to us only as
matters of history."
Among the delegates attending this convention were General
"Washington, Randolph and ^ladison from Virginia ; Alexander
Hamilton from Xew York; Benjamin Franklin and the two
Morrises from Pennsylvania ; John Rutledge and the two Pinck-
neys from South Carolina ; Roger Sherman from Connecticut,
and many others, all constituting an assemblage of political
thinkers whose sagacity has never been surpassed.
The Convention completed its labors on September 17, 1787,
after the members had siomed the new Constitution.
MANUAL AND CIVIL LIST. 39
From the notes of the Convention, taken by James Madison,
we reproduce the following to illustrate the impressiveness of
the occasion:
'' Whilst the last members were signing, Doctor Franklin,
looking toward the President's chair, at the back of which a
rising sun happened to be painted, observed to a few members
near him that painters had found it difficult to distinguish, in
their art, a rising from a setting sun. ' I have,' said he, * often
and often, in the course of the session, and the vicissitudes of
my hopes and fears as to its issue, looked at that behind the
President, without being able to tell whether it was rising or
setting ; but now, at length, I have the happiness to know that it
is a rising and not a setting sun.' "
The Constitution* was ratified in June, 1788, by the requisite
number of States. This most important instrument has come
to be regarded as a masterpiece of political wisdom, not only by
those who directly enjoy its benefits, but by students of political
institutions throughout the world. Of it the great English
Premier Gladstone once said : "As far as I can see, the Ameri-
can Constitution is the most wonderful work ever struck off at
one time by the brain and purpose of man."
Mr. Froude, the great English historian, in speaking of our
Constitution, said:
'' The problem of how to combine a number of self-governed
communities into a single commonwealth, which now lies before
Englishmen who desire to see a federation of the Empire, has
been solved completely in the American Union. The bond
which, at the Declaration of Independence, was looser than that
which now connects Australia and England, became strength-
ened by time and custom. The attempt to break it was suc-
cessfully resisted by the sword, and the American Republic is,
and is to continue, so far as reasonable foresight can anticipate,
one and henceforth indissoluble."
*The Declaration of Independence and the Constitution of the United
States is in an iron safe in the library of the State Department, in Wash-
ington, D. C. The four pages of the Constitution and the pages containing
the resolution submitting the Constitution to the States of the Union, are
in excellent condition. The ink is as black as when fresh laid with a quill
pen.
The Declaration of Independence itself is fairly well preserved, but few
signatures are legible. Both these important documents were exposed to
view on May 7, 1911, the first time in nine years, then because the Secretary
of State had to open the safe for the purpose of inspecting the demurrers,
which he found in good condition.
40 MANUAL AND CIVIL LIST.
PARK LAND FORMERLY IX THE COUNTY.
Pelhani Bay Park, formerly within the boundaries of the
town of Pelham, now belonging to the City of New York, con-
tains 1,756 acres of land.
Van Cortlandt Park, formerly a part of the to^Ti of Yonkers,
now belonging to New York City, contains 1,132.35 acres.
Bronx Park, formerly a part of the town of "West Farms, now
of New York City, comprises 716 acres.
Crotona Park, formerly a part of the town of Morrisania,
now belonging to New York City, has 154.6 acres; Claremont
Park, nearby, has 38 acres.
Bronx and Pelham parkway is 11,861 feet long and 400 feet
wide.
Mosholu parkway is 6,035 feet long and 600 feet wide.
Crotona parkway and avenue is 3,815 feet long and 200 feet
wide.
The Spuyten Duyvil parkway is 11,500 feet long, and ranging
in width from 60 to 180 feet.
The Borough of the Bronx (formerly the southern section
of Westchester County) has a greater area of parks than any
of the other boroughs of Greater New York.
The Borough of ]\Ianhattan has 47 parks, which are improved
and have official names ; 10 which are improved and not named ;
4 which are named but not improved. Central Park is the
largest, with 943.019 acres; Riverside Park has 140,037 acres,
and they are the largest of the 61 parks. The driveways in the
parks are confined principally to Central and Riverside Parks;
Central Park having ten miles of them, ranging in width from
35 feet to 60 feet. Central Park is now valued at $150,000,000.
STATE AND LOCAL GOVERNMENT.
The State of New York contained nineteen counties in 1783,
when in March of that year, by act of the Legislature, these
counties were subdivided into townships. Westchester County,
in 1790, had a population of 24,003 (see page 8, vol. 1, of this
Manual), and was subdivided into twenty-one townships. The
town of Bedford was considered the county's chief township
and had a population of 2,470.
The townships, into which the counties were divided, were
corporations invested with certain privileges. The act directs
that the freeholders in the several townships shall assemble in
town meetings, on the first Tuesday in April annually, and
choose their town officers, viz.: One Supervisor, one Town
Clerk, from three to seven Assessors, one or more Collectors,
two Overseers of the Poor, Commissioners of Highways, Consta-
bles, Fence Viewers, Poundmasters, etc. These to hold their
respective offices one year, or until others be chosen. This act,
which appears to have originated from a spirit of pure repub-
licanism, came in force the first day of April, 1789. It had a
happy tendency to disseminate through the State such infor-
mation and such principles as were calculated to cherish the
spirit of freedom and support of free republican government.
The frequent gathering of people in town meetings made them
acquainted with each other, and assimilated their ideas and
their manners. Their being invested with power made them
feel their importance and roused their ambition. Advocates of
the law maintained that town meetings would be as so many
schools, in which all the free citizens of the State might learn
how to transact public business with propriety, and in which
they might qualify themselves for the highest offices of the
State. The number of town offices, it was argued, could be
increased, from time to time, without additional expense to the
State ; and as the desire of promotion is innate in human nature,
and as ambition to possess the requisite qualifications commonly
accompanies this desire, the probability is that the number of
persons qualified for public office would be increased, and of
course the number of good citizens proportionably multiplied
41
42 MANUAL AND CIVIL LIST.
and the subordinate civil affairs of the State more faithfully
and more reoriilarlv transacted.
The town meeting as it existed in the early days, and still
exists in some communities, has been considered, in the opinion
of best authorities on the subject of civil government, the most
perfect example of a government by the people that can be
found in the political history of any nation, and the town meet-
ing has been a nursery of patriotism, a school for the education
of citizens and a safeguard for the preservation of the liberties
of the people. Doubtless these town meetings were, in the early
days, what the proposed " direct primaries " are intended for
in these days.
These meetings were popular because they permitted all the
male inhabitants of the town, over twenty-one years of age, to
have a part in the civil government. In these meetings every
attendant had an equal voice and was at liberty to make motions,
offer resolutions and partake in the discussions of any and all
questions under consideration, such as the levying of taxes, the
election of officers and the expenditure of public money.
In New England the old custom of holding town meetings
still exists in manv sections, which have refused to abandon it
^(^ for more pretentious governmental methods. In these meetings
/V6\ all qualified persons take part and attendance is compulsory,
failure to attend being punishable by a fine. These town assem-
blies are considered a complete exemplification of a government
'' of the people, for the people and by the people."
All writers are agreed that the various forms of government
prevailing in the United States have been the growth of either
the Township system, derived from the New England Colonies,
or the County system, which was first developed in the Colony
of Virginia.
The County, like the Township, was of English origin, and was,
in the first instance, used to designate the portions of England
in which the early inhabitants dwelt. This is shown plainly by
manv of the countv names which still exist in England. For
example, the Coimty of Essex was originally the home of the
East Saxons, and the Countv of Middlesex was the abode of
the ]\Iiddle Saxons. Enaiish historv informs us that still
another German tribe invaded England called the Angles.
These people and the Saxons were of similar origin, and the
term " Anglo-Saxon " is used to designate the union of these
tribes. From the Angles was derived the name of England,
MANUAL AND CIVIL LIST. 43
and after their settlement they were divided into two tribes
known as "North Folk" and "South Folk/' from which
originated the two county names of Norfolk and Suffolk.
All these county names were imported to this country by the
early settlers and one or more of them can be found in use to
designate either a county or a city in nearly all of the original
thirteen colonies.
Westchester County derives its name from Chester in Eng-
land, and was given it by early English settlers.
When the Constitution of the United States took effect, in
the year 1789, there were no large cities in the country. The
largest city was Philadelphia, which had a population of about
31,000 inhabitants. Next came New York with a population
of 23,000, followed by Boston with 18,000. These were the
largest cities in the original thirteen states, and there were
scarcely a dozen others with a population of 5,000 each, so it
is apparent that questions of municipal government could not
have been troublesome in those days, because it is not in small
cities that the present abuses exist.
A well-known writer, in speaking on this subject, says:
** The system of municipal government in vogue in this country
has been the least successful of all our political institutions.
The scheme of government provided by our political fore-
fathers has been satisfactory in national and state affairs, but
this has not been the case in the government of cities. The
problems of municipal government received but little attention
from them, doubtless because they believed that the citizens
of a community should have sole charge of the regulation of
local affairs. Even if they had considered it a part of their
duty to provide a scheme for municipal government, it is
doubtful if such a scheme would now be successful, for the
reason that the questions which now confront those who are
charged with the administration of city affairs did not exist
in the latter part of the eighteenth century."
Compare the population of New York, Boston and Phila-
delphia in 1789 with the population of those cities to-day;
compare the expense of running these same cities with the
expense of to-day.
In 1910 the Director of the United States census published
statistics endeavoring to provide reasons why cities cost so
much to run and where the money goes. Most important of
all were the facts showing the general cost of being a full-
44 MANUAL AND CIVIL LIST.
grown, modern American municipality at the present day.
For the purpose of comparison as well as brevity, New York
and the other members of the first group of cities have been
selected. They are Boston, Philadelphia, St. Louis and Chicago.
It costs more to run New York city for a year than it does to
run all the other four combined. Indeed, it is a more expen-
sive proposition to pay for maintaining New York than the
remaining fourteen cities of the United States which have
populations in excess of 300,000.
The expenditures for New York city for 1907 amounted to
$433,280,130. The cost of the whole group of fifteen cities
was $829,093,363. It is apparent from this that New York's
budget for that year, which is the last for which complete
comparative tables were obtainable, was considerably more than
half the whole group. For the same year the gross expendi-
tures of the four cities ranking next to New York were as
follows :
Chicago $87,695,310
Philadelphia 54,630,372
St. Louis 32,869,768
Boston 55,714,029
Total $230,909,479
The expense in New York city for 1911 will go far over the
million mark.
New York police employees exceed in number double that
of any other city in the Union; it had 9,604 men in 1907.
Chicago had 4,529; Philadelphia, 3,201; St. Louis, 1,788;
Boston, 1,386.
New York City's fire department cost in the year 1907
$7,925,277, a several times greater sum than any other city.
In view of later period changes, picture the surprises that
would meet Washington were he able to walk the streets
of one of our modern cities to-day: ' He never in his
life saw a flagstone sidewalk, nor an asphalted street, nor a
pane of glass six feet square. He never heard a factory whistle ;
he never saw a building ten stories high, nor an elevator, nor a
gas jet, nor an electric light; he never saw a hot-air furnace,
nor entered a room warmed by steam ; he never struck a match,
nor sent a telegram, nor spoke through a telephone, nor touched
an electric bell ; he never saw a horse car, nor an omnibus, nor
MANUAL AND CIVIL LIST. 45
a trolley car, nor a ferry boat. Fancy him boarding a street
car to take a ride! He would probably pay his fare with a
nickel, but the nickel is a coin he never saw. Fancy him star-
ing from the car window at a fence bright with theatrical
posters, or at people rushing madly by in an automobile, or at
a man riding on a bicycle, or at people sailing through space
in a modern air-ship.'
This reference is given to illustrate the changes which have
taken place between the year 1789 and the present day. In
Washington's time people were satisfied to travel as fast as
horses would carry them, and then, some time, the pace was
considered too rapid.
The origin of modern cities dates back to the history of Eng-
land of about the eleventh century, when towns and cities began
to grow in importance and receive royal recognition.
In 1789 nearly all the cities in the United States were gov-
erned on the plan of the New England town meeting, except the
city of New York, which had the first city government in the
country. The town meeting was satisfactory until the cities
became so large that the annual meetings of the citizens were
unwieldy from the number attending them, and each individual
citizen could no longer have a voice in public affairs. In such
a case an application would be made to the State Legislature
^(as now) asking that a charter be granted providing a scheme
of government and incorporating the city as a body politic.
Boston for a period covering one hundred and eighty years,
from the date of its organization as a town to 1822, had a gov-
ernment by town meeting. In the latter year, when the last
town meeting was held, the town had a population of 40,000,
and the meetings were so large as to be unwieldy and unman-
ageable. Then an application was made to the State Legisla-
ture for a city charter.
Villages may be incorporated under a general act, or by
special act of the Legislature. As the population of any
locality increases and the territory becomes thickly settled, such
locality may become incorporated as a village whenever a
majority of the voters at an election held for determining the
question shall be in favor of such a change, and with the taking
and recording such a vote in the office of the County Clerk.
In the early days of our Nation's history there was no ballot-
voting; it was a viva voce matter, and each man knew his fel-
low's creed. At the polling place, in the public hall or on the
46 MANUAL AND CIVIL LIST.
open green, electors assembled. On a bench raised high above
the crowd were seated the opposing candidates, for Congress
or State Delegates, for the close inspection of the electors pre-
vious to voting. Near the candidates stood the Sheriff and
Deputy Sheriff; around each of the candidates pressed com-
mitteemen, workers with tallies, vociferous well-wishers, and
prophets of victory, and a few pei^onal friends. Citizens
entitled to vote gathered from all sections; they came in vehicles,
on horseback and afoot ; the strong and the weak, the halt and
the blind, the sick and the well, the old and the young; all free
men, all alert, all pleasurably excited over the prospect of a
political fight in which their side was sure to win.
As the electors approached the bench on which sat the can-
didates, and in front of the Sheriff, the voter was to announce
in a loud, clear voice the name of the candidate for whom he
voted ; the Sheriff' as loudly recorded each vote and a clerk made
record in a book of each vote so cast. At the end of the ballot-
ing there was no delay in announcing the result of the election.
The custom of the time required that the candidate voted for
should thank the man who voted, and that at once and pub-
licly, aloud and aptly, with no slurring acknowledgment of
service.
Such elections were held in this County, on the public green
in front of St. Paul's Episcopal Church, in East Chester.
In the primitive days much was made of election times. It
was one grand gala day, when everybody in the country around
assembled expecting to meet every other man with whom he
was acquainted. Friends of candidates vied with friends of
opposing candidates in endeavors to provide entertainment of
a substantial character in the way of nourishment, evidently
believing that through banqueting the good will of electors and
their votes could be secured. All ranks of society, all ages,
occupations and opinions met on a common level and partook
of the good cheer furnished by candidates, and, doubtlessly,
feasted at the spreads provided by both candidates, accepting,
probably, what they received as " honest graft," as the term
is used to-day. In many ways, electors were constructed in
the early days of our Nation's history as are their relatives of
the present period.
Town meetings frequently continued to be held several days.
COUNTY ELECTIONS IN EARLY DAYS.
To illustrate how electors of the early days could be aroused
over political issues, equally as well as electors of the present
day, a report is here given of an election held on October 29,
1733, for Representative in the Provincial Assembly for West-
chester County. It was not like one of those recent village elec-
tion held in this County, for a few hours in the afternoon; it
lasted about three days, and proved to be most exciting.
It was one of the early battles for Colonial rights, and the
issue was awaited with intense interest.
Although the voters were from various towns of the County,
it was an affair especially of the two great Manors of Morrisania
and Phillipseburgh— the opposing hosts being made up chiefly by
their respective tenantry. Lewis Morris and Frederick Phillipse
were the rival lords of these Manors. They had their mansions
in the city of New York and their Manorial Halls— one in Mor-
risania, the other in Yonkers — on their rural domains. In the
town they revolved with a lessened lustre around the provincial
court, but in the country they were magnates, calling the roll of
their tenants on quarter days from their stone portals.
Each of these semi-feudal proprietors held high office of state ;
Morris being Chief-Justice of the Province, and Phillipse an
Associate-Judge of the Supreme Court. Morris had the Repub-
lican traditions of his family, who were once soldiers of Crom-
well's horse. Phillipse inherited the ultra-royalist principles
prevalent under the Stuarts.
In 1733 Morris was sixty-five years of age, and Phillipse was
near fifty. In August of that year Morris had been arbitrarily
removed from the office of Chief-Justice by Governor William
Cosby for a decision adverse to the Governor in his celebrated
suit against Rip Van Dam. James DeLancy was then made
Chief-elustice and Phillipse was promoted to the seat of second
Judge.
Morris then determined to appeal to the people, and offered
himself as a candidate for the Provincial Assembly for the
County of Westchester, his son Lewis, Jr., being already a mem-
ber of that body. Phillipse, his political and social rival, by way
47
48 MANUAL AND CIVIL LIST.
of belittling the contest, put up an obscure schoolmaster and a
Jacobite, a Mr. William Forster, as the opposing candidate.
Phillipse had opposed a levy of quit rents on his Manor, which
his partisans termed a ''land tax," and instead of it had advo-
cated the raising of revenue by excise duties. Hence the oppos-
ing rallying cries of the electors. The election took place on
Eastchester Green, in front of the old St. Paul's Episcopal
Church, still standing there.
At that date the only newspaper in either Province was the
New York Gazette, a weekly, published by William Bradford,
the public printer, who was, of course, devoted to the party of
the Governor. This was the first paper published in the Colony,
and its first number had appeared only eight years before. The
result of this election was not such as pleased the Governor, and
the report of same did not appear in the court organ. A re-
porter connected with the paper journeyed to the scene of elec-
tion for the purpose of securing the usual "full report," but,
owing to the result being advei*se to that desired by the Gov-
ernor's friends. Publisher Bradford refused to allow the report
to appear in the Gazette. Subsequently, the reporter, John Peter
Zenger, showed his report to friends of Morris, who decided to
have same published, and so encouraged Zenger that he w^as able
to issue the second newspaper of New York; the first number,
entitled the New York Weekly Journal, was published on Novem-
ber 5, 1733.
The following is the report of Zenger:
October 29, 1733.
"On this day, Lewis Morris, Esq., late Chief Justice of this
Province, was by a majority of voices elected a Representative
from the County of Westchester. It was an Election of great
Expectation; the Court and the Country's interest was exerted
(as is said) to the utmost. I shall give my readers a particular
account of it. Nicholas Cooper, Esq., High Sheriff of the said
County, having by papers affixed to the Church of Eastchester
and other public places, given notice of the Day and Place of
Election, without mentioning any time of the Day when it was
to be done, which made the Electors on the side of the late Judge
very suspicious that some Fraud was intended— to prevent which
about fifty of them kept watch upon and about the Green at
Eastchester (the Place of Election) from 12 o'clock the night
before till the Morning of the Day. The other Electors, begin-
MANUAL AND CIVIL LIST. 49
ning to move on Sunday afternoon and evening, so as to be at
New Rochelle by Midnight, their way lay through Harrison's
Purchase, the Inhabitants of which provided for their Enter-
tainment as they passed each house in their way, having a table
plentifully covered for that Purpose. About midnight they
all met at the house of William LeCount at New Rochelle, whose
house not being large enough to entertain so great a number, a
large fire was made in the Street by which they sat till daylight,
at which time they began to move. They were joined on the
hill at the East end of the Town by about seventy horse of the
Electors of the lower part of the County; and then proceeded
toward the place of Election in the following order, viz. : First
rode two trumpeters and three violins; next, four of the prin-
cipal Freeholders, one of which carried a banner, on one side of
which was affixed in gold capitals, 'King George,' and on the
other in golden capitals, 'Liberty and Law;' next followed the
Candidate, Lewis Morris, Esq., then two Colours; and at sun
rising they entered upon the Green at Eastchester, followed by
about three hundred horse of the principal Freeholders of the
County, a greater number than had ever appeared for one man
since the settlement of that County.
"After having rocle three times round the Green, they went
to the houses of Joseph Fowler and Mr. Child, who were well
prepared for their reception ; the late Chief Justice was met on
his alighting by several Gentleman who came there to give their
votes for him. About 11 o'clock appeared the Candidate of the
other side, William Forster, Esq., schoolmaster, appointed by
the Society of Propagation of the Gosple, and lately made, by
commission from his Excellency the present Governor, Clerk of
the Peace and Common Pleas in that County; which commis-
sion it is said he purchased for the valuable consideration of one
hundred pistories given the Governor. Next him came two en-
signs borne by two of the Freeholders; then followed the Hon-
ourable James DeLancey, Esq., Chief Justice of the Province of
New York, and the Honourable Frederick Phillipse, Esq., Second
Judge of the said Province and Baron of the Exchequer, at-
tended by about a hundred and seventy horse of the Freeholders
and friends of the said Forster and the two Judges; they en-
tered the Green on the East side, and riding twice round it,
their word was 'No Land Tax.'
"As they passed, the second Judge civilly saluted the late
Chief Justice by taking off his hat, which the late Judge re-
50 MAXUAL AND CIVIL LIST.
turned in the same manner, some of the late Judge's party
crying out 'No Excise,' and one of them was heard to say
(though not b}" the Judge), 'No Pretender!' Upon which Fors-
ter, the Candidate, replied: 'I will take notice of you!' They
after that retired to the house of Mr. Baker, which was pre-
pared to receive and entertain them. About an hour after, the
High-Sheriff came to town, finely mounted ; the housings and
hostler-caps being scarlet, richly laced with silver. Upon his
approach, the Electors on both sides went into the Green, where
they were to elect, and, after having read his Majesty's writ, bid
the Electors proceed to the choice, which they did, and a great
majority appeared for Mr. Morris, the late Judge ; upon which
a poll was demanded, but by whom it is not knoAvn to the relator,
though it was said by many to be done by the Sheriff himself.
"Morris, the Candidate, several times asked the Sheriff upon
whose side the majority appeared, but could get no other reply
but that a poll must be had; and, accordingly, after about two
hours' delay in getting benches, chairs and tables, they began to
poll. Soon after, one of those called Quakers, a man of known
worth and estate, came to give his vote for the late Judge. Upon
this Forster and the two Fowlers, Moses and AVilliam, chosen
by him to be inspectors, questioned his having an estate, and
required of the Sheriff' to tender him the book to swear in due
form of law, which he refused to do, but offered to take his
solemn affirmation, which both by the laws of England and of
this Province was indulged to the people called Quakers, and
had always been practised from the first election of represen-
tatives in this Province to this time, and never refused; but
the Sheriff' was deaf to all that could be alleged on that side ;
and, notwithstanding that he was told by the late Chief Justice
and James Alexander, Esq., one of his Majesty's Council and
Councillor-at-Law. and by AYilliam Smith. Esq., Councillor-at-
Law, that such a procedure was contrary to law, and a violent
attempt of the liberties of the people, he still persisted in refus-
ing the said Quaker to vote, and in like manner did refuse seven-
and-thirty Quakers more — men of known and visible estates.
''This Cooper, now High-Sheriff of the said County, is said
not only to he a stranger, in that County, but not having a foot
of land or other visible estate in it, unless very lately granted,
and it is believed that he has not where-with-all to purchase any.
The polling had not long been continued before Mr. Edward
Stephens, a man of a very considerable estate in the said County,
MANUAL AND CIVIL LIST. 51
did openly, in the hearing of all the Freeholders, there assem-
bledj charge William Forster, Esq., the Candidate on the other
side, with being a Jacobite and in the interest of the Pretender,
and that he should say to Mr. William Willet (a person of good
estate and known integrity, who was at that time present and
ready to make oath to the truth of what was said), that true it
was that he had not taken the oaths to his Majesty King George,
and enjoyed a place in the Government under him which gave
him bread ; yet notwithstanding that should King James come
into England he should think himself obliged to go there and
fight for him. This was loudly and strongly urged to Forster 's
face, who denied it to be true; and no more was said of it at
that time.
''About 11 o'clock that night the poll was closed, and it stood
thus :
For the late Chief Justice 231
The Quakers 38
Total 269
«
For William Forster, Esq 151
The Difference 118
Total 269
*'So that the late Chief Justice carried it by a great majority
without the Quakers. Upon closing the poll the other Candidate,
Forster, and the Sheriff wished the late Chief Justice much joy.
Forster said he hoped the late Judge would not think the worst
of him for setting up against him, to which the Judge replied
he believed he was put upon it against his inclinations, but that
he was highly blamable, and who did or should know better for
putting the Sheriff, who was a stranger and ignorant upon such
matters, upon making so violent an attempt upon the liberty of
the people, which would expose him to ruin if he were worth
10,000 pounds, if the people aggrieved should commence suit
against him. The people made a loud huzza, which the late Chief
Judge blamed very much, as what he thought not right. Forster
replied he took no notice of what the common people did, since
Mr. Morris did not put them upon the doing of it. The inden-
tures being sealed the whole body of Electors waited on their
new Representative to his lodgings with trumpets sounding and
52 MANUAL AND CIVIL LIST.
violins playing, and in a little time took their leave of him, and
thus ended the election to the general satisfaction."
The election of Mr. Morris caused great rejoicing in New York
city, and when, on the 31st of October, he landed in that place
he was saluted by a general fire of the guns from the merchant
vessels lying in the harbor, and was ' ' received by great numbers
of the most considerable merchants and inhabitants of the city,
and by them with loud acclamations of the people as he walked
the streets, conducted to the Black Horse Tavern (northwest
corner of Smith, now' William street, and Garden street, now
Exchange place), where a handsome entertainment was prepared
for him at the charge of the Gentlemen who received him, and
in the middle of one side of the room was fixed a tablet with
golden Capitals, ''King George, Liberty and Law."
Another notable election was that held in 1775, of the two
Manors of AVestchester County. The actors of the former scene
had passed away, but their descendants were still arrayed in
opposition, battling for important issues. In the third genera-
tion the heirs of the former lords led their respective tenantry
and partisans. Col. Lewis Morris on the one side and Col. Fred-
erick Phillipse on the other. The question was whether the
colony should be represented in full in the Second Continental
Congress, about to assemble in Philadelphia. The people of
AVestchester County were therefore called to meet on April 11
at AVhite Plains, to select delegates to the New York Provincial
Congress, or else refuse to do so. The Royalists, or "Friends
of the Government," under Phillipse, were defeated. The news
of the result of the election in AA'estchester County was received
with rejoicing all over the country, and when news was brought
of the action of the AA^hite Plains convention the church bells
of New York city rang out peals of joy. The AA'hite Plains
convention was held a week before the battle of AVhite Plains.
The next year Col. Lewis Alorris signed the Declaration of
Independence.
It was Col. Lewis Alorrls who presided over the people's
mass meeting held in the Court House, AVhite Plains, imme-
diately after news had been received of the battles of Lexing-
ton and Concord. He urged the patriotic citizens of AA^est-
chester County to declare themselves on the side of those who
denounced the course Parliament had pursued in opposing Eng-
lish subjects in America, and to come out boldly in favor of
immediate separation and armed revolution. The meeting acted
MANUAL AND CIVIL LIST. 53
in accordance with Col. Morris' suggestions, and decided for
all time where Westchester County would stand during the com-
ing struggle— committed to the patriotic cause. The meeting
further elected Col. Morris as a delegate to the first Continental
Congress to convene in Philadelphia, and thus he became one
of the signers of the Declaration of Independence.
ITEMS OF INTEREST.
The New York city subway railroad system was completed and
put in operation October 31, 1906.
The recent act authorizing the condemnation of lands in pro-
ceedings to enable New York city to increase its water supply,
was passed in 1905.
Westchester County, or a considerable portion of it, is to be
used for storage of the vast quantities of water necessary for the
use of residents of the city of New York. Reservoirs of great
capacity will be found in many sections in the northern and
middle sections of the County, and even as far south as Yonkers.
Here is where the Croton water is stored, and here will be stored
the water brought down from the Catskills. New and extensive
reservoirs are being constructed in readiness to receive the new
supply.
A huge aqueduct, like a railroad tunnel, is to be built under-
neath the city of New York, the first to be constructed under a
large city, to run seventeen and a half miles through the heart
of the big city. It will run far below the levels of any subway.
It is estimated that the cost will be no less than $25,000,000. It
is necessary to bore through solid rock, as the walls must resist
a tremendous volume of water which will come down from the
Catskills, ninety-six miles away, with the force of a Niagara.
On Good Friday, April 14, 1865, Abraham Lincoln, President
of the United States, Avas assassinated, in Ford 's Theater, Wash-
ington, D. C. The forty-sixth anniversary of this sad event
occurred on Good Friday in 1911; a similar anniversary had not
fallen upon a Good Frid&y siasd 1876, and it will not again
Tintil 1922.
54 MANUAL AND CIVIL LIST.
Reference is made of the remarkable coincidences in the lives
of Abraham Lincoln, who became President of the United States,
and Jefferson Davis, who became President of the so-called
Confederate States, and opponents during the Civil War. Both
were born in Kentuckj\ Lincoln in 1809, Davis in 1808, mak-
ing them nearly of the same age. Both removed from their
native State in their childhood. Lincoln to the Northwest, Davis
to the Southwest. Lincoln was a captain of volunteers and
Davis a second lieutenant of regulars in the Black Hawk AVar
of 1832. They began their political careers the same year,
1844, Lincoln being a Presidential Elector for Clay and Davis
for Polk. They were elected to Congress about the same time,
1845 and 1846, They were called to preside over their respec-
tive governments the same year and within a few days ; Davis
over the Confederate States, February 8, 1861, and Lincoln as
President of the Ignited States, on March 4, 1861.
Davis, previous to the organization of the Confederacy, was
Secretary of War in the Cabinet of President Pierce, and served
his State as a United States Senator. Lincoln also aspired to
be a L'nited States Senator, but was defeated by Douglas, after
an heroic fight.
Congress, in the year 1885, passed an act fixing the Presi-
dential succession. In case of the removal, death, resignation,
or inability of both the President and Vice-President, then the
Secretary of State shall act as President until the disability of
the President or Vice-President is removed or a President is
elected. If there be no Secretary of State, then the Secretary
of the Treasury will act ; and the remainder of the order of
succession is as follows : The Secretary of War, Attorney-Gen-
eral, Postmaster-General, Secretary of the Navy, and Secre-
tary of the Interior. The acting President must, upon taking
office, convene Congress, if not at the time in session, in extra-
ordinary session, giving twenty days' notice. This act applies
only to such Cabinet officers as shall have been confirmed by
the Senate and are eligible under the Constitution to the
Presidency.
POLITICAL PARTIES AND THEIR ORIGIN.
In dealing with the biographical annals of the County, with
men of affairs, this publication has entered the political life
of Nation, State and Commimity.
Politics is here spoken of in its broadest sense, meaning the
science of government. Politics as it deals with the question
of statecraft and the regulation of the public affairs of the
Nation, the preservation of its safety, peace and prosperity, the
defense of its rights and territory from foreign control and
conquest, and the increase of its own strength and resources.
One who is well versed in this science is a politician in the
highest sense of the word. The term politician, as just defined,
is synonymous with that of statesman.
The existence of at least two political parties is believed to
be required under uur form of government; as it is, apparently,
necessary that citizens range themselves on one side or the
other in discussion of political questions that generally develop
differences of opinion, even upon the simplest governmental
propositions.
A good citizen will familiarize himself with politics concern-
ing his country. To become conversant with politics does not
require making politics a business to the exclusion of other
vocations, and becoming classified as a " Practical Politician,"
a title much abused.
It has been urged, and properly too, that the man endowed
with the elective franchise who does not exercise the same,
should have the privilege of voting taken from him. There
are some of this sort, we regret to say, who will not vote
at a political election, because they are fearful that asso-
ciation with politics might prove contaminating. Should not
the franchise be taken from them that they be freed from
temptation ?
The right of voting is one of the most valuable prerogatives
of citizenship, and the duty of voting and taking part in public
a:ffairs should never be neglected by patriotic citizens.
Such, Avho might be voters and take part in the civic life, if
they desire to be good citizens, are often the loudest in lament-
55
56 MANUAL AND CIVIL LIST.
ing over what they term a fact that " the best men are not
elected to public office." In this connection the question might
be asked, what have they done to bring about a better state of
affaii^? Are they willing to accept a public trust, to devote
valuable time to the service of their fellow citizens, that better
conditions may be inaugurated? Does not the unjust criticism
of public officials furnish cause for " the higher grade " of
citizens being reluctant about accepting public positions, and
subjecting themselves to the too common suspicion that an
official becomes such owing to a desire for private gain or to
commit some flagrant wrong?
As has been wisely said, an official cannot be expected to be
superior in tone to the community which has elected him as its
representative.
AYould not the way to better conditions be found in stopping
fault finding and in the enlistment of every good citizen in the
work of securing faithful discharge of public trusts? Let not
your excuse be, " other people's business is not my business."
That laws be observed and good citizenship prevail, that the
protection of your family and the peace of your neighbor be
maintained, should prove incentive enough for the average man
taking interest in public affairs.
President Butler of Columbia College, in a recent address,
said : ' ' If the decent people of America would begin to-morrow
to do things which their private beliefs and their public pro-
fessions require, the sum total of the world's comfort and
happiness would be marvelously increased before simset. Let
us put a bounty on good citizenship by giving to it great
influence, by rendering it high honor, and by holding it in
incomparable esteem. Let these standards be set early in the
home and in the school. Before all else, keep the inspiring
maxim, liberty under law, before every American child, and
as he grows in power of appreciation see that he understands
what it means and involves.
" The perpetuation of democracy depends upon the existence
in the people of that habit of will which is justice. Liberty
under law is the process for attaining justice which has thus
far been most successful among civilized men. The call to
citizenship is a call to the exercise of liberty under law, a call
to the limitation of liberty by law, and a call to the pursuit of
justice, not only for one's self, but for others."
MANUAL AND CIVIL LIST. 57
A good, law-abiding citizen will take interest in public affairs
that he may aid in upholding law, and secure liberty and justice,
not only for himself, but for others.
Governor Hadley, of Missouri, in an address recently deliv-
ered before the Missouri University Alumni Association, recom-
mended the establishment of a school of politics.
" When I was in school I was taught not to run for office,"
said he. ' ' That is the reason I moved to Missouri, for I thought
I would be immune here. The university should be kept out
of partisan politics. I should add another school to your great
university, a school of politics. I would put at the head of it
the most experienced and most proficient politician in the State.
I would choose a high-minded and an honest man, one who
places principle above party and righteousness above success.
Politics is an honorable and can be an honest calling."
Citizens living under a popular form of government should
be interested in politics and public questions, that an enlightened
public opinion may be created and maintained which will correct
the faults of government, guide the acts of public officials and
counteract the evils which are likely to result from dishonest
or incompetent management of public affairs.
Differences of opinion on political questions create divisions
in the large body of electors. From the formation of a union
of those, whose opinions are similar, is born what we know as
political parties. The mission of the political party, as gen-
erally understood, is to secure the ascendency of their party
ideas and the election to public office of candidates who will
carry out a particular political policy. Political party man-
agement is directed by leaders, or what is familiarly known as
*' the organization," in every State, county, city and munici-
pality throughout the country.
As a general rule, each of the political parties endeavor to
nominate for public office men of recognized worth and integ-
rity; men with unblemished reputations in the community
where they have been long known, and, in many instances,
where they have resided for a life time. Against whom it is
believed not one word detrimental to his private or public char-
acter could be uttered. Yet, after the nomination most scan-
dalous stories are put in circulation picturing nominees of all
parties as the most disreputable and undesirable citizens that
could be found. That these circulated stories are proven to
be the basest kind of falsehoods, manufactured for political
58 MANUAL AND CIVIL LIST.
effect, does not make it more gratifying to the candidate who
finds he has little redress against moral assassins. Perhaps the
utterance of untruths is expected to be excused on the score of
'' campaign hysteria.'' There is no excuse to be accepted for
it. Those who instigate criminal libel, who mistake freedom
of expression for license, are striking at the very basis of our
political system, and drastic means of punishment should be
provided.
EARLY ORGAXIZATIOX OF PARTIES.
The formation of political parties commenced with the first
session of Congress held after the adoption of the Constitution,
and the discussion of questions of taxation developed the issue
upon which citizens divided. AVe have seen that the failure of
government under the Articles of Confederation was due largely
to the fact that the general government had no power to raise
money by taxation. Accordingly, one of the first problems
which presented itself to the new government was to devise
a svstem of taxation which would secure sufficient revenue to
meet the expense of government, and at the same time would
not prove too burdensome to an impoverished people.
Alexander Hamilton was the first Secretary of the Treasury,
and upon him devolved the duty of solving the problem. The
task was a delicate one, owing to the fact that many citizens
had seriously opposed the adoption of the Constitution, because
they feared that taxation under the Federal Government would
be excessive and ruinous to citizens already overburdened with
local taxes.
The methods of taxation introduced by Hamilton were sub-
stantially the same as the system now in vogue, viz., duties on
imported goods and internal revenue taxes upon a few articles
of domestic production, such as whiskey and tobacco. The
system of direct taxation, by levying a duty on imported goods,
excited no opposition on the part of the citizen, because it is
a tax which is paid in the form of an enhanced price placed
upon the imported goods. This method of taxation has been
constantly in use as a means of raising a national revenue,
solely because the people who pay the taxes do not realize that
they are doing so, and consequently make no complaint of the
burdens of taxation.
The individual, when he considers his tax relations with the
government, may realize that the government taxes the blanket
MANUAL AND CIVIL LIST. 59
he is wrapped up in when he is born. It taxes the lumber in
the roof that covers his head. It taxes the food that he eats,
the clothes that he wears, the coffin in which he is buried and
the humble gravestone that bids him rest in peace with the
hope of a glorious resurrection.
The system .of internal revenue taxation devised by Hamilton
provoked serious opposition from the outset, which culminated
in the Whiskey Rebellion in Western Pennsylvania. This insur-
rection was quelled by the Federal Army, and thereafter the
opposition adopted the more reasonable methods of discussion
to accomplish its objects.
The measures recommended to Congress by Alexander Ham-
ilton covered a variety of subjects bearing upon the policy to
be pursued by the new government, such as the raising and
collection of revenue, estimates of the income and expenditures
of the government, the regulation of the currency, navigation
laws, the Post Office Department and the public lands. Dealing
more particularly with the financial policy of the government,
he devised the system of taxation already mentioned, made an
exhaustive report upon the public credit, wherein he prepared
a plan for refunding and finally paying the entire indebtedness
of the United States, as well as the debts contracted by the
different States during the Revolutionary War.
It must not be understood that these measures presented by
Hamilton were adopted without serious discussion, though finally
enacted as laws, forming a comprehensive system of public
policy. This, at times, bitter discussion in debates created a
feeling that finally resulted in the formation of two well-defined
and compact political parties.
During President Washington's administration the leadership
of the opposition to Hamilton and his measures was bestowed
on Thomas JefPerson, also a member of Washington's cabinet,
as Secretary of State, about the latter part of the year 1791.
This opposition to the Hamilton policy was based chiefly upon
the theory that Congress did not have power under the Con-
stitution to enact the measures which Hamilton recormnended.
The government of the United States possesses only those specific
powers which are enumerated in the Constitution. When it is
first proposed that the government shall exercise a particular
power, the question is always raised as to whether or not the
provisions of the Constitution will permit.
60 MANUAL AXD CIVIL LIST.
As it was when Secretary Hamilton recommended the estab-
lishment of a national bank, his opponents contended that the
power to enact such a law was not granted by the Constitution.
Hamilton and his friends met this argument by asserting that
in addition to the powers expressly enumerated in the Consti-
tution, the government has certain implied powers; as example,
they cited the provision of the Constitution which gives to
Congress authority to make all laws necessary and proper for
carrying into effect the powers delegated to the general gov-
ernment, which is sometimes called the elastic clause of the
Constitution.
Ever since the adoption of the Constitution, Congress has
had power to levy direct taxes if it pleases, subject only to the
restrictions that they be apportioned among the several States
according to population. As a matter of public policy, how-
ever, Congress has never exercised this power. The effect of
popular sentiment upon the taxing powers of Congress is stated
with exceptional force by United States Supreme Court Justice
Harlan in his recent dissenting opinion in the income-tax case.
He says: " Any attempt on the part of Congress to apportion
among the States, upon the basis simply of their population,
taxation of personal property or of incomes, would tend to
arouse such indignation among the freemen of America that it
would never be repeated." In other words, the taxing power
of Congress has to be exercised in accordance with the sentiment
of the American people.
Congress recently, in 1908, levied an excise tax upon the net
income of all corporations doing business in the United States.
In the time of the Civil War, and during the Spanish- Ameri
can AYar, Congress enacted what was termed a stamp-tax, t(
raise money to defray current expenses of the Government
revenues received from other sources proving inadequate.
Contests in early Congresses over what was termed Constitu
tional questions were always spirited, and sometimes, probably,
verv bitter.
Representatives of the Nation in those days were patriotic,
above desire for personal gain or advantage, seeking first the
welfare of their country, for which many of them had made
personal sacrifices; they were able, strong, sincere.
Thomas Jefferson, in leading the forces opposing that remark-
able young leader Alexander Hamilton, was aided by Randolph
Attorney-General in Washington's Cabinet, and James Madison
MANUAL AND CIVIL LIST. 61
who later, like Jefferson, became a President of the United States.
Hamilton would, more than probably, have reached that high
office had it not been for his untimely death at the hands of one
who dared to question his bravery.
The discussions between Hamilton and his allies on one side
and Jefferson and Madison and their supporters on the other,
are said to have been the most brilliant ever heard in the
Nation's legislative bodies.
It was not long before the people began ranging themselves
on one side or on the other, and a result was the formation of
two political parties, representing two theories as to proper
construction of the Constitution. One of these parties, of which
Hamilton was the leading representative, favored what has been
termed a *' loose " construction of the Constitution, giving the
government extensive implied powers. This was called the
Federalist party. The followers of the other party contended
for a ** strict " construction of the Constitution, allowing the
general government to exercise only the powers which had been
granted to it in specific terms. Jefferson was the acknowledged
leader of this latter party, which was first called the Anti-Fed-
eralist party, and then, within a few years, the Republican-
Democratic party.
Since then the citizens of the United States have been divided
principally into two parties along practically the same lines,
although the names of the parties have changed from time to
time. The Federalist party retained that name until 1828,
when, until 1832, it was knowTi as the National Republican
party. In the latter year the name was changed to the Whig
party, which declared for Protection of Home Industry, National
Internal Improvements, etc. The Whig party name continued
Lintil 1854, when it, or a part of it, adopted the name of Repub-
lican party, the designation it bears to-day. In 1856, at a
convention held in Pittsburg, Pa., the name Republican was
generally adopted by this party. The party of Thomas Jeffer-
son held on to the name Republican-Democratic until 1828,
when the name Democratic was adopted, and is the name by
which the party is known at present.
In 1843 there sprung up what was known as the ' ' American ' '
party, familiarly characterized as the " Know-Nothing " party.
It had its origin in New York city and spread to other large
cities. The party first assumed the shape of a secret order,
hostile in professirtfr to foreign domination, and in effect to the
62 MANUAL AND CIVIL LIST.
naturalization of immigrants until after a residence in this
country twentv-one vears, the time a native born has to serve
before he reaches his majority and becomes eligible to vote.
This party was at first confined to the larger cities, but in the
early fifties its influence had extended and achieved temporary
triiunphs in many southern and eastern states. Many who had
been prominent as leaders in the AVhig party had gone into the
American party. In 1855 the American party came within a
few votes of carrying New York State and controlling the
State Legislature. In 1856 this party nominated as its candi-
date for President of the United States, ]\Iillard Fillmore, of this
State, who had been Vice-President elected on the AVhis: ticket,
and who had served as President, filling the vacancy caused by
the death of President Tavlor. In this latter election the
American party made such a poor showing, carrying only one
State, Maryland, that it went gradually down, dwindling until
its members had been fullv absorbed into one or the other of
the great rival parties.
During the present year (1911) a Republican statesman of
national fame, on being asked his views as to the possibilities
of the formation of a new political party, such as the so-called
" New Nationalists," growing out of the present dissensions in
the older party ranks, replied, " I have little faith or belief
in these announcements of the birth of new political parties
through man-made agencies. New parties grow and develop
because they are started from the seed of an issue. Issues
make political parties, not men. It is no more possible for
one man to plan and create a party than it is to bridge the
Atlantic. No, not for one man nor ten men, nor ten thousand
men, to form a new party. These new parties come and they
go. They spring up in the night and are chased away by a
sunrise. Many of them have been seen to come and go within
the last fifty years."
In 1864 there was an attempt by some of the strongest
men in the Republican party to form a newer party right in
the furnace heat of the Rebellion. They met at Cleveland,
Ohio. They had conferences and they even went so far as
to nominate for President John C. Fremont, who had been the
Rppublican party candidate for President in 1856; but this
new party did not even live until election day."
Then came the Liberal Republican movement of 1872. That
was the year I came to Congress. That ^jovement failed of
MANUAL AND CIVIL LIST. 63
fruition, although it took no less personages than David Davis
and Gov. Trumbull of Illinois and Gen. Nathaniel P. Banks out
of the Republican party and they made Greeley their nominee. ' '
" The defeat of Greeley was the death knell of the Liberal
Republican party."
" The same year another political party, calling itself the
Greenback party, came into existence, and tried to nominate
the most esteemed philanthropist Peter Cooper for the Presi-
dency."
*' The Greenbackers came to the front again in 1876 and
figured in a small way in the campaign of 1880. Then we had
the Populist movement, that lived and died and went the way
of the others.
** No, there won't be a new party until there is a new issue,
and there is not a new issue to-day. Of course, the Prohibi-
tionists, we always have them with us. They will hardly reach
the proportions of a new party. They have been trying too
long for the distance they have gotten thus far
? >
CHOOSING A PRESIDENT.
The question as to " who shall be chosen the first President "
of the new Republic, was one of the many difficult problems
that confronted the early day patriots, the young nation's best
friends, an(^ proved to be a matter of serious concern. As
natural to be supposed, there were many willing to serve the
public in the capacity of President, and in this respect human
nature was in that former period very much as it is to-day.
Many call, but few are wanted.
General Washington was the first choice by unanimous con-
sent. He had, however, on resigning his commission at the
close of the war, announced his intention of retiring from public
business, and had been with difficulty induced to act as a
member of the Constitutional Convention. To abandon his
retirement for the labors of the office of President was even
more repugnant to his wishes.
Benjamin Franklin, who had served his country most loyally
at home and in positions of great responsibility abroad, was
considered, but the advanced age of Franklin rendered it inex-
pedient that he should be a candidate for the Presidency, nor
is it possible that he would have permitted himself to be pro-
posed. John Adams, of Massachusetts, was a willing candi-
date, and in fact was the only apparent candidate against
64 :\rAxrAL axd civil list.
"Washington or any one else in the field ; his persistency gained
for him election as first Vice-President.
The more the question was considered, stronger appeared the
necessity of electins: Gen. Washington. He was believed to
be the only person who would be likely to unite all suffrages.
The demand for Washington was so strong that even he himself
could not overcome it in any other way than by compliance with
the wishes of the people. His repugnance was such that it
became necessary that he should be strongly urged to allow his
being proposed as a candidate for the Presidency. Prominent
men, whose standing entitled them to serious consideration,
wrote strong letters pressing him to undertake this important
office. Gen. Washington, convinced by these arguments, no
longer attempted to shun the responsibilities involved, and his
name was proposed to the electoral college.
His election followed unanimously. His Cabinet was com-
posed of the heads of four departments, Secretarj^ of State,
Secretary of the Treasury, Secretary of War, and an Attorney-
General. Two members of the Cabinet, Thomas Jefferson, Sec-
retary of State, and Edmund Randolph, Attorney-General,
were, like the President, from Virginia, Alexander Hamilton,
Secretary of the Treasury, was from New York, and Henry
Knox, Secretary of W^ar (army and navy), was from Massa-
chusetts.
At the commencement of President AYashington's first term
there was no semblance of a political party, but, as the per-
formance of public business progressed in Congress, opinions
differed and men began to take sides on questions occurring.
On the subjects of credit, of finance, of an excise, and of a
National Bank, the Cabinet of President AVashington was
divided. Jefferson, who held for a strict interpretation of the
Constitution, appeared as the opponent of many of the measures
of Hamilton, who favored a liberal construction of the Consti-
tution. A gradual estrangement, and, finally, a cessation of
friendly intercourse between them, had thus arisen (though
later Hamilton did Jefferson a great service when opportunity
afforded). President Washington had applied himself assidu-
ously to heal the breach, but unsuccessfully. The President
reposed perfect reliance in the integrity and honesty of purpose
of both : and while maintaining most cordial relations, he appears
to have determined to commit himself in no shape with a party
which might be formed to sustain the opinions of either. The
MANUAL AND CIVIL LIST. 65
end of his first term of office was about to expire, and he longed
to retire to private life. This wish was combatted by members
of his Cabinet. His retention in office was one thing they
surely agreed upon. Jefi:erson, Hamilton and Randolph each
addressed him letters expressive of their opinions on this sub-
ject; and, however various were their views and the reasons
they alleged, they concurred in urging him to serve for a second
term. His consent to be considered as a candidate was reluc-
tantly given, and he was elected and again inaugurated.
Up to this time little distinction of party existed, save that
founded on the old difference between the friends and the
opponents of the Federal Constitution. The personal popularity
of President Washington, and the reverence in which he was
held by the great body of the people, would have rendered any
direct attempt to oppose his administration fatal to those who
made it.
The debates on the funded system and excise, and more par-
ticularly the question of the constitutionality of a National
Bank, led to a distinction among political men which speedily
caused the formation of two great factions, whose contests con-
tinued for more than twenty years. Hamilton became the leader
of the Federal party, which adopted his principles. The oppo-
site party, the Anti-Federal, later the Republican, recognized
as its leaders Jefferson and Randolph, of the President's Cabi-
net, and James Madison, then a member of Congress, afterward
President.
President Washington had resolved that he would not govern
as the President of a faction, and knew his power of making
the discordant materials of his Cabinet work together for the
general good. Therefore neither of the opposing parties
assumed the form of opposition to him, but charged what was
obnoxious to each upon the leaders of the other.
President Washington at all times friendly with Secretary
Hamilton and to a considerable degree favoring Hamilton's
measures, yet had the highest regard for Secretary Jefferson
and other members of his Cabinet. In several instances he
was governed by the opinions of Secretaries Jefferson and Ran-
dolph, contrary to the advice of Hamilton. ^\nien it came to
dealing with foreign nations and upholding the interests of this
country, the Cabinet was unanimous in giving hearty support
to the President. In fact in all cases whep the President made
66 MAXUAL AND CIVIL LIST.
known his wishes he found his Cabinet united in carrying out
his views.
When Hamilton, in 1795, resigned the office of Secretary of
the Treasury and returned to New York and recommenced the
practice of law, he retained his place as head of the Federalist
party. He found that to make money necessary for a proper
existence for self and family, he could not afford to devote all
his time to politics. In those days of official purity, it was not
yet imagined that the possession of a public trust could ever be
made a source of fortune, either directly or indirectly. The
salaries were fixed at the lowest limit believed to be compatible
with the decent support of the incumbent; (Washington had
urged that he be permitted to serve as President without salary,
that the money be used where most needed) and an attempt to
save from salar^^ would be considered saving what was granted
for public purposes and would have been visited by contempt.
Speculations growing out of the opportunity for information
possessed by the departments would have been reckoned crim-
inal, if not within the strict letter of the laws, at least in the
eye of the community. Hamilton, however, never seems to
have imagined the possibility of acquiring wealth in the latter
way. Had this been his object, he had opportunities such as no
other public man ever possessed. Jefferson and other members
of Washington's Cabinet were equally above suspicion and no
charge of official wrong committed was ever brought against
either.
When Hamilton retired from the office of Secretary of the
Treasury, after nearly twenty years of public service, he did
so with less wealth than when he had entered it; and the neces-
sity for providing a support for his family was his strongest
reason for resigning. His hopes for success at the bar were
fully realized.
The administration of Washington was drawing to a close,
in 1796, and he had determined not to serve a third term. The
two great parties had been fully developed, and Jefferson had
been placed at the head of that which, after passing through
the phases of Anti-Federal and Democratic, had assumed the
style of Republican. The opposing party remained known as
the Federal, with Hamilton as its acknowledged leader.
John Adams, the second President, was credited to the Federal
party, but was more inclined to consider himself the party leader
than to recognize Hamilton as such.
MANUAL AND CIVIL LIST. 67
The administration of Adams professed to carry out Wash-
ington's " policies." The heads of department under Wash-
ington (after Hamilton, Jefferson, Randolph and Knox had
resigned), were retained in office, and all the great features of
the national policy remained for a time unchanged. Adams,
however, speedily became unpopular. The fact that he had
been the apparent opponent of Washington in the election for
President, which was necessary, in the original form of the
Constitution, to make him Vice-President, and the large majority
by which he was chosen as the successor, seem to have given
him an overwhelming estimate of his personal importance.
Beginning his political career by professions of implicit obedi-
ence to the popular will, he underwent, when he obtained power,
the transformation almost certain to demagogues, from supple
subserviency to arbitrary exertion of authority. Familiar with
the etiquette of the courts of Europe, he felt inclined to mimic
the state and seclusion of monarchs. The reserve and distance
of manner, natural and dignified in President Washington,
might awe, but they never excited resentment. Manners of the
same description, ingrafted unnaturally on the less imposing
person of Adams, excited derision in some, and roused the anger
of others. The sterling honesty of his purposes was no com-
pensation for the faults of his manner. Advantage was taken
by the opposition party of the defects of his character, and the
popularity of his administration speedily declined.
In one or more instances Washington had to intercede to
prevent Adams making blunders fatal to his administration.
Instead of appreciating the kind offices of the former President
he grew jealous, especially when he realized that the greater
part of his Cabinet entertained a higher respect for the opinions
of Washington than for his own. Further, Adams became
jealous of Hamilton, whom he considered an aspirant for the
Presidency, and for this and similar foolish reasons he became
estranged from the party to which he owed his own elevation
to office. Probably Washington's high regard for Hamilton
was a cause of Adams considering Hamilton as a dangerous
rival. The petty jealousies and vacillating policy of the Adams
administration were the contributing causes of the decline of the
Federal party. Thomas Jefferson, who was head of the party
opposing that which Adams represented, and at the same time
Vice-President, was a man of entirely different temperament
from that of Adams and shared to a greater degree the
68 MANUAL AND CIVIL LIST.
popularity given AVasliington ; he was able to note the mistakes
President Adams made and to profit by Adams' experience.
It was John Adams who described New York politics as " the
devil's own incomprehensible."
The leaders of the Federal party were guilty of mistakes
made by many political leaders since that early day ; taking it for
granted that the "' organization " is so strong that error after
error connnitted will be overlooked by a "long-suffering people."
The continued victories which had been gained by the Feder-
alists from the time the Convention which framed the Consti-
tution assembled, caused them to forget the absolute dependence
of our politicians on popular favor. The leading Federalists
held themselves aloof from the mass of the people, and thus
gave force to the charge of aristocratic feeling which was urged
against them. This charge was reiterated until it was believed
bv manv. and alienated the veomanrv of the country from
Adams' administration. Another cause was the levying of
special tax for warlike preparations ; among these taxes was
that of stamps, which was adroitly coupled by the opposing
party with the similar measure that, when enacted by the British
Parliament, had operated as one of the prominent causes of the
Revolutionary struggle.
Finally, two laws were passed repugnant to the feelings of the
people, the one imposing penalties on political writers, and
creating the crime of sedition; the other placing the personal
liberty of emigrants at the disposal of the executive. By these
acts many of those who had swelled the Federal majorities
became alienated, and if they did not join their strength to the
Republican-Democratic party, withdrew their support from the
administration.
The death of Washington might also be considered as one of
the causes of the decline of the strength of the Federal party.
We have here spoken of that prudence which held the balance
between the members of his Cabinet, that, while he may have
adopted the views of one, he gave to the others no just cause
of offense. After his retirement from office. AVashington was
not specially active in public aff'airs: he had by no public act,
save the acceptance of the command of the provisional army
which it was thought best to organize to be in readiness in case
of need, given support to the administration of Adams : at times
it seemed as if his dissatisfaction with the policy of Adams was
such that it appears possible that he might have been induced
MANUAL AND CIVIL LIST. 69
to stand again as a candidate for the Presidency. He was still
in the vigor of his faculties, and little impaired in personal
activity ; and the convictions of the danger to which the country
was exposed from the prevalence of the principles of the French
Kevolutionists were such that it is not improbable that he might
again have left his beloved retirement, could he have been
satisfied that by so doing he would have again become the ruler
of a nation, not the head of a political party.
The consiunmate prudence and political tact of Jefferson
prevented the forebodings of Washington from being realized.
The funded debt was not meddled with; the National Bank was
not only left undisturbed, but continued as the fiscal agent of
the government ; a dignified policy relative to foreign powers
was maintained, and the measures enacted during Washington's
administration, and dear to him, were not interfered with.
Jefferson even studiously avoided the exercise of his Constitu-
tional powers of removal from office for the mere purpose of
rewarding his political adherents.
Such was the number of seceders from the Federal party
after the death of Washington, that their opponents resolved
to adopt the bold policy of running two candidates in order to
secure the election of a Vice-President, and thus, although a
choice by the electoral colleges was not effected, the two candi-
dates of the Republican-Democratic party were brought before
the House of Representatives with claims apparently equal. In
the vote of this body by States, it soon appeared that the
Federal members had it in their power to determine which of
the two, Thomas Jefferson or Aaron Burr, should be chosen
President to succeed Adams. Many violent Federal partisans
were inclined to throw a brand of discord into the Republican-
Democratic party, by conferring the dignity upon Burr, who
even at that time was considered a demagogue, a political adven-
turer who would serve only his own ends regardless of the
interests of others more patriotic. At this time Burr was
accused of intriguing with opponents of his party to secure
preferment for himself. It is reliably stated that Hamilton,
whom the death of Washington had placed in the first rank of
the Federal party, was responsible for the defeat of Burr, as
he interfered to prevent the votes of his friends being cast for
that gentleman. And this action on the part of Hamilton con-
tributed to the ill-feeling between Hamilton and Burr that led
to the killing of the former by the latter.
70 MANUAL AND CIVIL LIST.
For Jefferson, Hamilton had no affection, nor did he believe
in the honesty of his views ; but he knew that he would at least
be governed by the prescribed forms of legislation, and that the
alterations which his advent might cause in the policy of the
government would be in conformity with the letter of the
Constitution, and directed by the sanctions of legal enactment.
The success of Jefferson embittered Burr, and roused his most
violent nature. He appears to have ascribed the disappoint-
ment he felt, but did not venture openly to avow, to Hamilton.
Burr* had, like Hamilton, been commissioned at Peekskill by
Gen. Washington, but at the very beginning of his career in
the army had been excluded from the military family of Wash-
ington on account of his open profligacy, and he had seen
Hamilton occupying the station to which he had aspired. Pro-
fessional rivalrv had existed between them at the New York
bar, and while, in point of mere talent, they ranked as equals,
Burr saw that the universally admitted purity of Hamilton's
character gave him an ascendancy against which it was vain
to strive. All these causes united excited in the breast of
Burr a vindictive spirit, the more furious in consequence of
the necessity of repressing it.
The violence of party politics was far from being abated
by the election of Jefferson to the Presidency. Hamilton was
called upon to reorganize the Federal party and put it on
fighting basis to contend with Jefferson's administration; he
gave to the cause of his party the aid of his powerful pen, and
succeeded in restoring the unity of the Federal party, which
had been impaired by the impolitic acts of Adams. The admin-
istration party retorted by attacks upon Hamilton's political
character, and the principles of government which they accused
him and his party of maintaining.
The excitement was such that the younger members of either
party could not be restrained to the weapons of argument, but
sought each other's blood. The eldest son of Hamilton, who
had just reached man's estate, was one of the first victims of
this spirit. Excited by the attacks which were continually
uttered against the principles of his father, he singled out and
insulted the author of a public address, in which the language
of the party, ascribing a desire of monarchial government and
* Col. Burr was assigned to command a Westchester militia regiment,
stationed so as to protect the lower end of the County. He served with
Army four years. After retiring from the Army he resided for a time in
Morrisania.
MANUAL AND CIVIL LIST. 71
the establishment of an aristocracy to the Federalists, had been
adopted with the rashness of youth and the ardor of convic-
tion. A hostile meeting at Hoboken was the consequence, in
which Philip Hamilton fell. The survivor of the duel, who
appears to have been unwillingly forced by his political friends
into a course which his conscience reprobated, was even more
to be pitied than his victim; for, in spite of the support of his
partisans, and the applause they lavished on his courage, he
sank to the grave before the lapse of many months, a prey
to feelings of remorse. It is unnecessary to say how severe
was this affliction to one of Hamilton's sensibilities. The sad
death of the son was a prediction of the coming fate of the
father.
In 1804, when Burr was completing a term as Vice-Presi-
dent, the second office in dignity within the gift of the people,
he announced himself as a candidate for the office of Governor
of the State of New York. By succeeding in forming a
division in the ranks of the Republican-Democratic party he
obtained a nomination. For his success in this election his
hopes were mainly founded upon the support of the Federal-
ists, who, he believed, would support him merely for the pur-
pose of overwhelming their political opponents. Many Feder-
alists fell into the snare, and there was at one time a proba-
bility that they would unite as a party in his support, and
thus insure his election. Hamilton, still believing that Burr
was not a safe man to be intrusted with independent power, was
decidedly opposed to the support of Burr by his political friends,
and endeavored to prevent it by all the means at his command.
The result of Hamilton's remonstrances was to withdraw from
Burr a large part of the support on which he relied, and the
election terminated in the defeat of Burr, and in the success
of his opponent. Gen. Lewis.
In the open and decided opposition which Hamilton had
manifested to the election of Burr as Governor, the latter saw
an opening for satisfying his vindictive feelings. His ambi-
tious projects were all blasted; for he had, by permitting
himself to be a " bolting candidate," lost all claim on the
Republican-Democratic party, while by the Federalists he was
repudiated. His pecuniary fortunes were in as dilapidated a
condition as his political, and he was, in fact, in that state of
desperation in which the exposure of his own life would be no
obstacle to a desire of vengeance.
72 MANUAL AND CIVIL LIST.
Hamilton J on the other hand, was a fit subject for his designs.
Proud of his character as a soldier, it was almost certain that
he would not refuse a hostile meeting if called for on any rea-
sonable grounds; while it was possible that, with a solemn sense
of religious obligation, he might attempt to satisfy the point of
honor by the exposure of his own life, without attempting that of
his adversary. Evidence exists which proves satisfactorily that,
when his friends began to fear that Burr sought his life, he de-
clared that, although he might meet him. he would not fire at him.
Early in June, 1804, Burr addressed a note to Hamilton,
enclosing a statement to the effect that Hamilton and Judsre
Kent concurred in the opinion that Bm-r was " a dangerous
man, and one that ought not to be trusted with the reins of
government, etc." Burr called for an explanation from Ham-
ilton. The latter saw in this demand a determination to force
him into a duel, and seems to have felt the conviction that no
step that he could take with honor would enable him to avoid
it. Under these impressions, he called to his councils none of
those devoted and prudent friends, who would have seen that
the preservation of his life was the most important of all objects.
Hamilton's reply, while it exhibits the injustice of calling
upon him to avow or deny so vague a charge, and interroga-
tories as to the justice of inferences drawn by others from what
he may have said of a political opponent during a competition
of fifteen vears, intimates his willinR'ness to avow or disavow
any definite opinion which he may be charged with having
declared. Expressing a trust that Burr would see the matter
in the same light, the reply concludes by saying that, if he
does not, " he can only regret the circumstances, and must
abide the consequences."
The rejoinder of Burr was properly characterized by Hamil-
ton as rude and offensive. It was evident that Burr was deter-
mined to compel Hamilton to fight him, even if he veiled his
determination under flimsy pretences.
From the paper which Hamilton left explanatory of his
course, it appears that, with perfect conviction of the impro-
priety of duelling, he did not feel himself so far elevated above
other political men as to be emancipated from its absurd laws;
and that he believed that, in the existing tone of popular feel-
ing on the subject, his future usefulness to his country would
be destroved bv a refusal to fisrht. It doubtless did not occur
to him that he who had fousfht beside AVashins'ton in many
MANUAL AND CIVIL LIST. 73
battles and had been rewarded for valiant services, could not
be charged with personal cowardice; nor was he aware of the
deep religious feeling of a large body of the people, which
would have supported one who should decline a duel from con-
scientious motives, such as Hamilton sincerely entertained.
By Hamilton's desire, the meeting was postponed until the
close of a court then sitting in New York. The interval was
calmly and steadily applied by Hamilton to the promotion of
the interests of his clients; nor did there appear any failure
in his accustomed zeal, or any want of the undisturbed devotion
of his mind to the consideration of their causes. Yet he must
have known that his life was in extreme danger. Burr's
adroitness in the use of a pistol was notorious, and Hamilton
had good reasons for believing that Burr would not be satis-
fied but with his blood.
The meeting took place beneath the cliff of Wehawken, and
on the first fire Hamilton fell. His own pistol was discharged
while in the act of falling, and obviously without any attempt
at aim. The wound was not immediately fatal, and he was
removed across the Hudson to the country seat of his friend
William Bayard. Here he lingered, without the least hope of
recovery, for thirty hours.
Burr, branded by many as Hamilton's murderer, virtually
became an outcast. He was visited forthwith by a storm of
indignation, beneath which he instantly sunk. Within a few
months he departed, a voluntary exile from his country, and
abjectly claimed to be allowed to avow allegiance to the power
against whose rule he had successfully fought. On his return
he was shunned even by those who had been most captivated
by his popular arts; and although he resumed a place at the
New York city bar, a conscious feeling of disgrace bowed
down his talent and placed him in a low rank where he had
before reigned almost supreme.
A writer of that early day, in speaking of the tragic death
of Hamilton, said: " When the angry feelings excited by the
long struggle between the Federal and the Republican parties
shall have cooled, and all actors in these stirring scenes shall
have retired from the stage, it requires little prescience to pre-
dict that Hamilton will assume, by general consent, a first
place among American statesmen, and will be held in the
estimate of his patriotic services as second to Washington
alone. ' '
74 MANUAL AXD CIVIL LIST.
PRESIDENTIAL NOMINATING CONVENTIONS.
The men who framed the Constitution made no provision for
nominating candidates, and, in fact, had never heard of nomi-
nations. It was their intention that the electors should choose
the President, uninfluenced by popular passion or prejudice.
There w^re no parties or party organizations, and everything
was left to the wisdom of the electors, who were to be chosen
by the States in whatever manner the State pleased.
Before AVashington 's administration had ended two parties
had formed, and nominating machinery was soon provided in
a Congressional caucus, by which the Congressman of each
party selected the candidate and the electors ratified this selec-
tion. Thus the legislative department virtually chose the execu-
tive in spite of all constitutional precautions to keep the depart-
ments independent.
The Congressional caucus lasted until 1824, when the Jack-
son men bolted the nomination of Crawford. It was in that
year that Andrew Jackson was pitted against John Quincy
Adams for the Presidential nomination; Jackson received a
plurality, but not a majority of the electoral vote, and the
matter went to the House of Representatives, where Adams
received a majority of votes of Representatives, voting as
States. Four years later Tennessee's Legislature nominated
Andrew Jackson without reference to the Congressional caucus.
His opponent, John Quincy Adams was renominated in the old
way, but that was the end of the Presidential nominations by
Congressional caucus. In this later year Jackson was electedc
The overthrow of '' King Caucus " was popularly regarded
as the greatest political reform since the establishment of the
Republic.
Originally the electoral vote was frequently divided, the
electors really exercising the freedom of choice which the Con-
stitution gives them. Until 1804 the man who got the second
highest number of votes was elected Vice-President. Since then
the electors vote separately for President and Vice-President.
Under the old system in 1796 fourteen men received votes for
President. Three of the fourteen. Aaron Burr, George Clinton
and John Jay (of AVest Chester County) were from New York.
Before 1800 it was the general custom for the State Legisla-
tures to choose the electors, and it was not until 1828 that the
Presidential electors were chosen in nearly all the States by
MANUAL AND CIVIL LIST. 75
popular vote. As late as 1876 the Legislature of the State of
Colorado chose the three Presidential electors to represent that
State. There is nothing in the Constitution to prevent any
State Legislature naming its own electors without appeal to the
people, provided such a method of election is prescribed by the
State laws.
NATIONAL CONVENTIONS.
Under the United States Constitution as originally practiced
there were no National Conventions. The Constitution provided
for a series of State Conventions which should elect a President
by a majority vote, and on their failure to give any candidate
a majority the House of Representatives then balloted on the
five highest, afterward reduced by Constitutional amendment
to the three highest.
The theory of the Constitution enacted in Section 3 of Article
2, and amplified in the twelfth amendment, was that the people
of each State should choose as many of their most distinguished
citizens as electors as was '' equal to the whole number of
Senators and Representatives to which the State may be entitled
in the Congress," and that these electors shall consult together
and if possible agree on who should be President and who should
be Vice-President of the United States.
Forty years elapsed between the adoption of the Constitution
and the time of holding the first National Convention.
While the Constitution contemplated the creation of a Presi-
dential convention in each State, it never provided for two
conventions in each state or for all the State conventions to
meet as one in a national convention. The mode of procedure
now observed by political parties in the nomination of Presi-
dential candidates is a condition, a scheme of government never
contemplated either by the drafters of the Constitution or by
the political generation succeeding them. Under the present
system, instead of the people of each State selecting " their
most distinguished citizens as electors," the office of Presiden-
tial elector has become a dummy political function, with its
duties as perfunctory as those of a machine. No instance is
now known where a Presidential elector uses the independent
judgment which the Constitution confers upon him, where he
ever refused to vote for the candidates nominated by the
National Convention of his party; nominations in which prob-
ably the electors had no voice, not being present at the nomi-
nating convention.
76 MANUAL AXD CIVIL LIST.
The Constitutional plan provides that no one except electors,
or Representatives in Congress in case electors cannot agree,
can vote directly for any candidate for President, nominated
by either of the political parties.
It has been frequently suggested that the Constitution should
be so amended as to permit a direct vote of the people in choos-
ing the President and Vice-President of the United States.
The early National Conventions were hardly more than con-
ferences, the first having been held in 1831, by supporters of
Henry Clay for President. There are many men living who
can remember when the introduction of a National Convention
into the Nation's political life was considered a great innovation.
As years grew the National convention became an established
political institution, with no laws except its own laws, with no
power except voluntary consent, yet as effective in enforcing
decrees as the Government of the United States or the govern-
ment of any other nation.
The National Convention is the most distinctly original Ameri-
can contribution to the art of government. It is a product of
evolution and it has no legal status.
National Conventions, of all parties, held every four years,
are called by a National committee of the party organization,
which meets, names the time and place for holding the conven-
tion, fixes the number and qualification of delegates and issues
the call for the convention.
The unit in the Democratic convention is the State; in the
Republican convention, the Congressional district. Hence, a
Democratic State Convention can instruct all the delegates from
that State to vote for a particular candidate. A Republican
State Convention can instruct only the number of delegates
elected by that convention as delegates-at-large, and each Con-
gressional district can instruct its own delegates as it pleases.
This decision was promulgated with considerable force in the
Republican National Convention in 1880, when an attempt was
made (against the protest of W. H. Robertson, of Westchester
County) by State leaders to ignore the wishes of Congressional
districts in New York State and vote the whole State as a unit
for the third time nomination of General Grant. The individual
vote of every delegate in the Republican National Convention is
counted. Democratic National Conventions recognize the unit
rule by which, when so authorized by a State convention, a
majority of the delegates from that State can vote the entire
MANUAL AND CIVIL LIST. 77
delegation as a unit; thus forty-six delegates from New York
State can cast New York's ninety votes. In a Democratic
National Convention the votes of two-thirds of the delegates
are necessary to nominate a candidate. In a Republican
National Convention a majority of delegates can nominate.
The two-thirds rule was adopted by the first Democratic
National Convention held in 1832, in order to give a semblance
of unanimity in the nomination of Martin Van Buren, of this
State, for Vice-President. The supporters of John K. Polk
revived it in 1844 in order to defeat Van Buren's renomination
for President. The rule has been adhered to in every Demo-
cratic National Convention since that time. Its purpose is often
defeated, however, by the unit rule, which makes it actually
possible for a little more than one-third of the delegates to
nominate the candidates through the simple process of allow-
ing a bare majority of one in each State delegation to vote the
majority.
The Republican National Convention, held in the year 1912,
will be composed of 1,072 delegates, from all States and Ter-
ritories. In the Democratic National Convention there will be
1,094 delegates, representing all sections of the country. The
difference in number of delegates attending conventions is due
to territorial representation. In the Republican Convention
Alaska, New Mexico and Arizona are allowed six delegates,
while others, including the Philippines, have but two each. The
Democratic Convention allows six delegates to all territories,
Alaska, Arizona, District of Columbia, Hawaii, New Mexico and
Porto Rico. In other respects the basis of representation is
the same in both conventions, every State having two delegates
to each electoral vote.
Not only is heard the desire for a direct vote by which to
elect the President and Vice-President of the United States,
but a stronger demand comes for the election of United States
Senators by direct vote of the people, instead of by the State
Legislatures, as is now the law.
In 1912 Congress finally passed necessary resolutions provid-
ing for the submission to the States of an amendment to the
Constitution that will take from special interests and the few
the selection of United States Senators, and transfer the
power to the people for direct action. In most cases this will
call for constitutional changes in the several States.
78 MANUAL AND CIVIL LIST.
Advocates of the movement, who are confident of getting
these additional States, say that the United States Senate can-
not be taken out of the hands of machine politicians or special
interests except by the primary route. All experiences, they
claim, show that the best government is attainable only through
popular action.
When Congress calls a convention to propose an amendment,
that amendment does not become a part of the Constitution until
three-fourths of the States have ratified it.
The political State nominating conventions are conducted
similar to the political National Conventions ; mode of proced-
ure, rules governing, etc. The State Committee of the party
fixes the time and place for holding the convention.
Candidates for all State offices, not appointive, are placed in
nomination by these State Conventions.
Elections for State officers are held in even years ; terms being
for two years each. County and municipal officers are elected
throughout the State in odd years.
In early years the officers of this State were appointed, not
elected, and no nominating convention was deemed necessary.
The mode of selecting public officers in this State has varied.
Under the Constitution of 1777 the State Assembly selected a
Council of Appointment from the Senators, and the Governor
had " a casting voice but no other vote " in this council, which
ruled the State. At the time the Constitution of 1821 was
adopted, 8,287 military and 6,663 civil officers held their com-
missions from this Council. For many years the politics and
government of New York State were largely controlled by three
great families, the Clintons, the Schuylers and Livingstons.
The Constitution of 1821 abolished the Council of Appoint-
ment and provided that the Legislature should elect the chief
State department officers. It was not until the Constitution of
1846 was adopted that the election of these officers was vested
in the people under manhood suffrage, and it was under this
Constitution that the political party nominating convention
became a firmly established institution. Each change had for
its object the extension of the principles of democracy to give
the people at large more and more power over the selection of
their servants.
The introduction of the nominating convention into our
political system increased to a vast degree the power, it is said,
of leaders who combine to constitute what is termed the
MANUAL AND CIVIL LIST. 79
cc
political organization," directing the management and shap-
ing the policy of their political party, and, incidentally, exer-
cising considerable influence in the choice of candidates.
That there is considerable objection to the prevailing mode
of selecting political candidates, is manifest by the strong influ-
ences now being used to effect a change. Governor Hughes and
those in sympathy with him, maintain that the only way to get
an honest expression from the people as to their choice of men
to fill the various public otfices. State or local, is by a " direct
primary vote." Advocates for the primary vote are against
the convention, influenced by party leaders, making nomina-
tions. It is believed by many people that this wide-spreading
movement to democratize the nomination of candidates for public
office is inevitable.
Does the new movement not look like going back to first
principles, to the days of town meetings, when the people them-
selves did the choosing of public officers, and it was a " govern-
ment by the people?"
In the Presidential election of 1908 the following political
parties took part: The Republican, the Democratic, the Prohi-
bition, the People's, the Socialist, the Independent, the Social-
ist Labor.
'' POLITICAL BOSSES."
The term " Political Boss " is not a new one in this State.
This gentleman may appear in different forms, but nevertheless
he appears prominently all through the State's political history.
To-day we hear of corporate influences controlling '' political
bosses," of the bosses controlling the political party " organi-
zation," and the organization controlling the little politicians,
who are, like those " higher up," in it, in many instances, for
personal profit, regardless of the people's interests.
Back in the early days of the Nation the corporate interests
were not as formidable as now. The " trusts " were then not
as trustful as now. Steel, sugar, lumber and similar products,
as trusts, had not their growth; they were not big and strong
enough to, by aid of " spot cash," elect United States Senators,
and even elect Presidents.
When politics began to take on shape, immediately following
the Revolutionary period, it was the " family influence " that
the aspiring politician had to look up. New York was too
80 MANUAL AXD CIVIL LIST.
directly descended from the patroons and too intimately con-
nected with England's '' family methods " not to illustrate the
"workings of family in politics.
As early as 1666 New York city had its " political boss,"
in one Thomas Delawall, who was at that time Mayor of the
city, member of the Governor's Council and Collector of Cus-
toms. He was not "a poor pothouse politician," but a man of
wealth and standing in the community, the o"v^^ler of large
parcels of land in the then distant new Harlem and in
the lower section of AVestchester County. He was Mayor
again in 1671 and in 1678 ; in fact he could be Mayor as often
as he desired. In 1675 the " Boss " yielded to " family influ-
ence " and had his son-in-law, William Dervall, chosen Mayor.
The first United States Senator from this State was Gen.
Philip Schuyler, a brave soldier and able man. He was father-
in-law of Alexander Hamilton, recognized leader (or " Boss ")
of the Federal party in this State. Though the General was a
proper person for the office, '' family influence " may have had
something to do with bringing about his election.
President John Adams, who, it is asserted, at times, early in
the game, assumed to be a political boss, was quite severely
criticized for giving " the family " too much consideration
when making political appointments.
Governor George Clinton was a clever politician, one of the
best of his time. In the years he was Governor, 1801 to
180-1, and subsequently, he was State leader of his party, the
Republican-Democratic.
Chancellor Livingston was leader of the opposition partj^, and
between them they owned the State, politically speaking, at the
opening of the nineteenth century.
This condition of affairs continued most amicably for a con-
siderable period. Even in those times opposing political bosses
made " side deals " to accomplish an object both desired, as
Aaron Burr, who desired to be "a political boss," on his own
account, found out.
To illustrate '' the family influence " which controlled, ref-
erence may be made to the fact that Edward Livingston, a son,
was Mavor of New York, and laid the corner-stone of the
«. 7
present City Hall in 1803 ; Dr. Tillotson, a brother-in-law of
the Chancellor, was Secretary of State; Morgan Lewis, another
brother-in-law, was Chief Justice of the State Supreme Court;
John Armstrong, another brother-in-law, was made a United
MANUAL AND CIVIL LIST. 81
States Senator, which position he resigned to take another office
in New York city; Brockholst Livingston and Smith Thomp-
son, who married a Livingston, were Judges in the Supreme
Court. The Clintons, representing the opposition party, as a
family were considerately taken care of. De Witt Clinton, a
nephew, was made United States Senator, and resigned in 1803
to become Mayor of New York city by appointment of his
uncle; he was an able man, and it was through his efforts,
assisted by Gen. Schuyler, that the great Erie Canal became
a fact; also he did much to advance the progress of the city;
twice afterward he was made Mayor, but his terms were not
consecutive; he was Governor of the State, elected in 1817, and
again in 1824.
The Clinton and Livingston family influence did, it is charged,
combine to combat the aspirations of Aaron Burr. Burr fought
the dominant families with all his might. The " family influ-
ence ' ' started a newspaper in New York city, and Burr did like-
wise. The '' influence " succeeded in getting Burr and his
friend Col Swartwout off the directorate of the Manhattan
Bank. It looked like blood, so earnest were the combatants.
De Witt Clinton and Col. Swartwout went up into Morrisania,
Westchester County, and indulged in the favorite pastime of
the period— a duel, each firing five bullets; Swartwout was shot
twice, Clinton fortunately escaped. This duel later involved
Swartwout 's brother and Recorder Riker in a duel ; Riker was
shot and ever after was lame. Later Gen. Hamilton's eldest
son was killed in a duel defending the political principles of his
father and himself. The culmination of this old-fashioned
electioneering came shortly in the duel in which Burr unjustly
entangled Gen. Hamilton, resulting in the death of the latter
and the political annihilation of Burr.
Dating from 1809 '' the family influence " began to loose its
hold on politics, and party " leaders," regardless of family
connections, began to assert themselves.
In 1819 the old Federalist party, the party of Washington
and Hamilton, was no longer anjrthing but a name. As a
party organization of National scope and influence it had all
but ceased to exist. The Republican (later Democratic) party
had no organized opposition; for that reason it had split into
factions. One of these factions took its name from De Witt
Clinton, its leader, and was known as the " Clintonians ; " the
other faction, known as the '^ Bucktails," had for its leader a
82
MANUAL AND CIVIL LIST.
native of Westchester County, Daniel D. Tompkins, late Gov-
ernor, who had just been elected Vice-President of the United
States; Martin Van Buren, then Attorney-General of the State,
and later President of the United States, was an aid to Tomp-
kins among the " Bucktails. "
From then on we have had " political leaders," who are
generally termed " Bosses.
J 5
PRESIDENTIAL VOTE IN COUNTY.
The vote given for the electoral ticket of the political parties,
commencing the year electors were first chosen by popular vote,
has been as follows in Westchester County:
Year.
1828
1832
1836
1840
1844
1848
1852
1856
1860
1864
1868
1872
Candidate for President.
Andrew Jackson,
John Quincy Adams,
Andrew Jackson,
Henry Clay,
Martin Van Buren,
William H. Harrison,
Martin Van Buren,
AYilliam H. Harrison,
James K. Polk,
Henry Clay,
Lewis Cass,
Zachary Taylor,
Martin Van Buren,
Franklin Pierce,
Winfield Scott,
James Buchanan,
Millard Fillmore,
John C. Fremont,
Stephen A. Douglas,'
John Bell and John
C. Breckenridge, J
Abraham Lincoln,
George B. McClellan,
Abraham Lincoln,
Horatio Seymour,
Ulysses S. Grant,
Horace Greeley,
Political Party.
Votes Cast.
Democrat,
3,788
Whig,
3,153
Democrat,
3,133
Whig,
2,293
Democrat,
3,009
Whig,
1,749
Democrat,
4,354
Whig,
4,083
Democrat,
4,412
Whig,
4,258
Democrat,
2,146
Whig,
4,312
Free Soil,
1,312
Democrat,
5,283
Whig,
4,033
Democrat,
4,600
Whig,
4,450
Republican,
3,641
r
Union
8,100
Republican,
6,771
Democrat,
9,353
Republican,
7,593
Democrat,
11,667
Republican,
9,641
Democrat and Lib-
eral Republican,
11,112
MANUAL AND CIVIL LIST.
83
Year.
Candidate for President.
Political Party.
Votes Cast.
1872
Ulysses S. Grant,
Republican,
10,223
1876
Samuel J. Tilden,
Democrat,
12,050
Rutherford B. Hayes,
Republican,
9,547
1880
Winfield S. Hancock,
Democrat,
11,858
James A. Garfield,
Republican,
11,367
1884
Grover Cleveland,
Democrat,
12,524
James G. Blaine,
Republican,
11,286
1888
Grover Cleveland,
Democrat,
14,948
Benjamin Harrison,
Republican,
13,456
1892
Grover Cleveland,
Democrat,
16,091
Benjamin Harrison,
Republican,
13,456
1896
William McKinley,
Republican,
19,357
William J. Bryan,
Democrat,
11,770
John M. Palmer,
Gold Democrat,
650
1900
William J. McKinley,
Republican,
21,250
William J. Bryan,
Democrat,
16,436
John G. Woolley,
Prohibition,
418
Eugene V. Debs,
Social Democrat,
384
Joseph F. Maloney,
Social Labor,
229
1904
Theodore Roosevelt,
Republican,
25,101
Alton B. Parker,
Democrat,
18,093
Silas C. Swallow,
Prohibition,
309
Eugene V. Debs,
Social Democrat,
808
Charles H. Corrigan,
Social Labor,
306
Thomas E. Watson,
People's Party,
263
1908
William H. Taft,
Republican,
29,438
William J. Bryan,
Democrat,
18,346
Thomas L. Hisgen,
Independent,
1,237
Eugene V. Debs,
Social Democrat,
923
Eugene W. Chafin,
Prohibition,
376
August Gillhaus,
Social Labor,
102
PRESIDENTIAL ELECTION OF 1884.
One of the most exciting periods in the political history of
Westchester County was that connected with the election of
1884, when Grover Cleveland, Democrat, ran against James G.
Blaine, Republican, for the Presidency.
As the Republican nominee was an intimate as well as a
political friend of Collector of the Port William H. Robertson,
who was also the Republican leader of this County, and as said
84 MANUAL AXD CIVIL LIST.
nominee had been mainly instrumental, while Secretary of State
in President Garfield's Cabinet, in securing Robertson's ap-
pointment as Collector of the Port, the latter was specially
anxious that Mr. Blaine be elected and particularly that he
carry Westchester County by a good majority. He strained
every effort, by personal appeal, even among old Democratic
friends, to aid him in doing a favor to one who had done him
great favors in the past, and many Democrats were willing to
oblige.
]\Ir. Cleveland had obtained certain prestige through being
elected, two years previously, as Governor of this State by a
majority of nearly 200,000. over Folger the Republican candi-
date, and as Governor he had earned the confidence of many
Republicans with independent tendencies.
In 1879 Cornell, the Republican candidate for Governor, was
elected by a considerable majority.
In 1880 the Republicans carried the State for Garfield. In
1882 Republicans in large numbers bolted their ticket owing
to a claim that their party's nomination for Governor had been
given in accordance with the wishes of the administration in
AVashington, and Republican electors in this State were not
permitted to make their own selection of a Gubernatorial can-
didate : as a consequence the Democratic candidate for Gov-
ernor, Mr. Cleveland, rolled up the unprecedented majority of
nearlv 200.000.
t.
AVhen ]\Ir. Blaine became the Republican nominee in 1884 the
antagonistic feeling that had existed between the "Stalwarts"
and the ''Half Breeds" factions within the Republican party
had not fullv died out. ]\Ir. Blaine was remembered as the
principal foe of "Stalwarts," as the political advisor of Presi-
dent Garfield, and as the one who engineered the defeat of other
Presidential aspirants at the Republican National Convention
and brought about Garfield's nomination, when he found that he
himself could not get the nomination; that he had infiuenced the
President to name AYilliam H. Robertson for Collector of the
Port — these little remembrances, together with that fearful mis-
take made by the prominent clergyman who, in an attempt to
aid 'Mr. Blaine's election, referred to "the three Rs," as stand-
ing for "Rum, Romanism and Rebellion," did not materially
help ]\Ir. Blaine's chances in this State.
No person knew better than Collector Robertson the general
political situation : he and a few others were being depended
MANUAL AND CIVIL LIST. 85
upon to swing the State in the right direction. Robertson
worked as he never had worked before. He first w^as confi-
dent that his fences in this County were up and strong, and
then devoted himself to "saving the State."
The Democrats in the County had a fair organization in those
days, and same found plenty of work to do, and every efi^ort was
made to accomplish results.
The political fight in the County that followed that year cer-
tainly proved spirited.
Election night news came from Albany to the effect that the
result was in doubt, that the vote was so close that no idea of
who had carried the State could be given; a single vote might
decide the result. Later came the information, "an official
statement of the vote cast in Westchester County is needed; on
that depends the result."
As may be imagined, excitement in the County ran high; the
tension of the public political pulse was away above the normal.
The politicians of both parties got busy. The morning after
the election the Democrats sent representatives into every elec-
tion district of the twenty-two towns of the County; evidently
they remembered the Tilden-Hayes election, and feared that
figures might get juggled between the election district and the
County-seat. Two or more towns had not made complete returns
the night before, and no explanations followed. It had been
said that even one vote might decide, therefore both parties
were determined to chase the elusive vote and permit none to get
away.
It was a time when Republicans were more than ever sus-
picious of Democrats, and vice versa.
It proved true, the report that the result in the State depended
upon the official returns from Westchester County. The eyes
of the Nation were turned upon us, and the County was expected
to do its whole duty, honestly and fearlessly.
On the day set when the Supervisors would convene as a
Board of Canvassers, the County-seat entertained many hundred
guests brought there by the intense interest manifested in the
result on which rested the election of a President of the United
States, for it w^as admitted that as the County decided, the State
would go, and as the carrying of the State of New York was
necessary to the election of either candidate, the whole summed
up amounted to this— the electors of the County of Westchester
i^^ould elect the President.
86 MANUAL AXD CIVIL LIST.
Distinguished men from all parts of the Union were present
to witness the canvassing of the votes. Prominent lawyers rep-
resented the National Committees of both political parties ; every
step was fought, each contesting for the advantage.
No man fought better for a friend than did William H. Rob-
ertson for his friend James G. Blaine, but the fates were against
him. Westchester County, by the votes of its electors, had
decided in favor of Mr. Cleveland, by a majority of 1,238 ; the
vote in detail being, Cleveland, 12,524, Blaine, 11,286. As
Cleveland carried the State by about 1,400, including West-
chester County vote, it can readily be seen how important AVest-
chester's majority was.
PRESIDENTIAL ELECTORS.
The Congressional District, of which Westchester County was
and is a part, or a whole, has been represented in the Electoral
College, from time to time, by the following named:
Stephen Ward, Eastchester 1792
Lewis Morris, 3d, Westchester 1796
Pierre Van Cortlandt, Jr., Cortlandt 1800
John Herring, Rockland County 1804
Ebenezer White, Yorktown 1808
Philip Van Cortlandt, Cortlandt 1812
Peter S. Van Orden, Rockland County 1816
Jacob Odell, Tarrytown 1820, 1828
James Drake, Peekskill 1824
Abraham I\Iiller, Westchester 1832
Jeremiah Anderson, Harrison 1836
Pierre Van Cortlandt, Cortlandt 1840
Daniel Johnson, Rockland County 1844
George Benson, Rockland County 1848
Edward Suffern, Rockland County 1852
Jared V. Peck, Rve 1856
William H. Robertson, Bedford 1860
Alexander Davidson, Rockland County 1864
George B. Pentz, Yonkers 1868
David D. Smith, Rockland County 1872
Jordan L. Mott, Morrisania 1876
John B. Trevor, Yonkers 1880
John Hunter, Westchester , . . . . 1884
J. Thomas Stearns, Morrisania 1888
MANUAL AND CIVIL LIST. 87
Martin J. Keogh, New Rochelle 1892
William L. Ward, Port Chester 1896
Frank V. Millard, Tarry town 1900
James Wood, Mount Kisco 1904
Franklin Q. Brown, Dobbs Ferry 1908
VOTE FOR GOVERNOR AND LIEUTENANT-GOVERNOR.
The vote cast in the County for the respective candidates for
Governor, in various years since 1896, was as follows:
1898 Theodore Roosevelt, Republican, 16,653
Augustus Van Wyck, Democrat, 15,012
Benjamin Hanford, Socialist, 637
John Kline, Prohibition, 254
Theodore Bacon, Social Labor, 54
1900 Benjamin B. Odell, Jr., Republican, 20,806
John B. Stanchfield, Democrat, 16,890
William T. Wardell, Prohibition, 393
Charles H. Corregan, Social Democrat, 446
Benjamin Hanford, Socialist, 258
1902 Benjamin B. Odell, Jr., Republican, 18,459
Bird S. Coler, Democrat, 16,754
1904 Frank W. Higgins, Republican, 23,846
D. Cady Herrick, Democrat, 19,340
Thomas Pendergast, Social Democrat, 815
John McKee, Prohibition, 303
Daniel De Lon, Social Labor, 31J
Alfred J. Boulton, People's Party, 192
1906 Charles E. Hughes, Republican, 24,233
William R. Hearst, Democrat, 18,748
John R. Chase, Social Democrat, 532
Henry M. Randall, Prohibition, 216
Thomas H. Jackson, Social Labor, 151
1908 Charles E. Hughes, Republican, 27,894
Lewis S. Chandler, Democrat, 20,027
Clarence J. Shearn, Ind. League, 1,361
Joshua Wanhope, Social Democrat, 843
George E. Stockwell, Prohibition, 304
Leander A. Armstrong, Social Labor, 90
1910 Henry L. Stimson, Republican, 22,331
John A. Dix, Democrat, 21,981
88
MANUAL AND CIVIL LIST.
1910 John J. Hopper,
Clias. E. Russell,
T. Alex. MacNielioll,
Frank E. Passamio,
The vote east for Lieutenant-Governor in the following named
years was distributed among the several candidates as follows:
Ind. League,
1,247
Social Democrat,
950
Prohibition,
283
Soc. League,
113
1898
Timothy L. Woodruff,
Republican,
16,162
Elliott Danforth,
Democrat,
15,012
Leander A. Ariii strong.
Social Democrat,
660
John A. Sayles,
Prohibition,
300
Thomas M. Osborn,
Social Labor,
115
1900
Timothy L. Woodruff,
Republican,
20,888
William F. Mackey,
Democrat,
16,830
Leander A. Armstrong,
Social Democrat,
449
Albert J. Rumsey,
Prohibition,
388
AVilliam Butscher,
Social Labor,
245
1902
Frank W. Higgins,
Republican,
18,401
Charles N. Bulger,
Democrat,
16,665
1904
Matthew Linn Bruce,
Republican,
24,072
Francis B. Harrison,
Democrat,
19,340
Charles R. Bach,
Social Democrat,
812
Alden W. Young,
Prohibition,
303
Boris Remstein,
Social liabor,
306
Charles Spaulding,
People's Party,
196
1906
Matthew Linn Bruce,
Republican,
23,539
Lewis S. Chandler,
Democrat,
19,184
Gustave A. Strebel,
Social Democrat,
554
Freeman H. Bettys,
Prohibition,
228
Frank E. Passamio,
Social Labor,
160
1908
Horace White,
Republican,
28,216
John A. Dix,
Democrat,
19,597
Daniel W. Finnimore,
Ind. League,
1,272
Gustave A. Strebel,
Social Democrat,
889
Marshall A. Hudson,
Prohibition,
377
Frank E. Passamio,
Social Labor,
98
1910
Edward Schoeneck,
Republican,
23,028
Thomas P. Conway,
Democrat,
20,728
William R. Hearst,
Ind. League,
1,541
Gustave A. Strebel,
Social. Democrat,
958
Calvin McCarthy,
Prohibition,
319
James T. Hunter,
Social Labor,
125
MANUAL AND CIVIL LIST. 89
CASTING THE ELECTORAL VOTE.
The electoral vote of New York State has not always gone to
one political party, as the following will show:
In 1868, when Seymour, Democrat, ran against Grant, Repub-
lican, the Democrat secured the 33 votes of the
State.
In 1872, when Grant, Republican, opposed Greeley,* the Repub-
lican took the 35 votes.
In 1876, Tilden, Democrat, carried the State over Hayes, Re-
publican, and took the 35 votes.
In 1880, Garfield, Republican, won over Hancock, Democrat,
and secured the State's 35 votes.
In 1884, Cleveland, Democrat, outran Blaine, Republican, and
was given the 36 votes, and, as a consequence, the
election.
In 1888, Harrison, Republican, took the 36 votes from Cleve-
land, Democrat, and the election.
In 1892, Cleveland, Democrat, recovered lost ground, won over
Harrison, Republican, and received New York's 36
votes, that secured him the election.
In 1896, McKinley, Republican, won easily over Bryan, Demo-
crat, and took the State's prize of 36 votes.
In 1900, McKinley, Republican, repeated his victory over
Bryan, Democrat, and secured the 36 votes.
In 1904, Roosevelt, Republican, won the 39 votes of the State,
from Parker, Democrat.
In 1908, Bryan, Democrat, had his old luck " in the enemy's
country," and Taft, Republican, went to the Elec-
toral College with New York's 39 votes.
* Horace Greeley, the Democratic and Liberal Republican candidate for
President, died before the electoral vote was cast, and the Greeley electors of
five States voted for Thomas A. Hendricks of Indiana.
90 MANUAL AXD CIVIL LIST.
THE OLD, OLD WAY.
Notwithstanding what has been said relative to a change in
the mode of conducting political party national conventions,
it is likely that the old way will prevail for some time to come.
It will be pretty well known in advance who the fortunate
nominee is to be, though many candidates will be presented
before the convention.
It becomes the nominee-to-be to appear modest, and as not
seeking the nomination ; a case where the nomination seeks the
man, after having received detailed information as to where he
can be found.
In the convention it will be the same old story. After Ala-
bama has yielded to the silver-tongued orator from Indiana who
presents the name of a favorite son, and Colorado has yielded to
the silver-tongued orator from Pennsylvania, who names a favor-
ite son of that State, then the real silver-tongued orator of the
convention will accompany Freedom from her mountain height,
while she unfurls her standard to the air and tears the azure
robe of night and sets the stars of glory there and in the name
of the goddess of that particular political party, in the name of
triumphant Americanism, present the name of the man who is
to get the nomination, while the convention goes wild, the band
plays "A Hot Time in the Old Town To-night," and the hys-
terical delegates grab the State standards and march around the
convention hall, and the stampede has begun.
United States military posts in the County are Fort Slocum,
at New Rochelle, and Fort Schuyler, opposite AVestchester. Both
on Long Island Sound.
Town Boards in this County, in 1911, agreed to pay Inspec-
tors of Election from $12 to $15 per day for services as such
inspectors during the four days of registration and elections, for
general election of that year. The new election law requiring
longer hours of service. The previous allowance was from $8 to
$10 per day.
This Countv had Countv Commissioners of Excise from 1857
to 1870. See page 117, Vol 1.
^^\^\v\>^^^^
ELECTING A UNITED STATES SENATOR.
When a mere lad, just entering his teens, the author of
this book was privileged to attend, in 1863, the most exciting
sessions ever held in the history of the Assembly of the State
Legislature.
The Legislature of that year was to elect a United States
Senator in place of Preston King, Republican. The Republi-
cans had twelve majority in the Senate, while the Assembly was
composed of 64 Republicans and 64 Democrats. As can be
readily seen, this situation deadlocked the Assembly and jeopar-
dized the Republican chances of electing King's successor in
joint session, as under the law of the period the Legislature
could not convene in joint session until some candidate had a
majority in each branch. On the face of it either a Repub-
lican or a Democrat must betray his party to break the dead-
lock.
The Republican Assemblymen in caucus agreed to support
for Speaker "Westchester's Favorite Son," Hon. Chauncey
M. Depew, of Peekskill, who had the year previously begun his
public career as an Assemblyman representing the Third
Assembly District of this county. The choice of the Demo-
cratic caucus was Gilbert Dean, of Kings County. Through
many ballots the excitement ran high. Every man had to be
in his place and voting. On one occasion, preceding a ballot,
Thomas C. Fields, of New York (uncle of the late Andrew C.
Fields, of Dobbs Ferry, this county), talked five hours con-
tinuously to gain time necessary to permit Democratic Assem-
blymen to get across the river on the ice from East Albany,
as the river had suddenly frozen and prevented the ferry
running.
When it came to a point where it was realized that neither
of the party caucus nominees for Speaker could be elected, each
receiving on the numerous ballots 64 votes, Theophilus C. Calli-
cott, of Brooklyn, elected as a Democrat, with political ambi-
tions, proposed to candidate Depew that if the Republicans
would elect him Speaker he in return would vote for the Repub-
lican candidate for United States Senator and break the dead-
91
92 MANUAL AND CIVIL LIST.
lock. AVhen Callicott's Democratic colleagues learned of his
apostacy naturally the excitement increased; eight Democrats
offered to vote for the Republican nominee, Mr. Depew, for
Speaker. Mr. Depew submitted the two proposals to the
Republican caucus, which decided in favor of Callicott's offer,
as it not only secured his vote for the Republican candidate for
Senator, but also gave considerable patronage to the Republi-
cans, and was likely to bring the party even greater advantage.
On the 19th day of balloting Callicott was elected by his own
vote.
All this was but the preliminary to the contest among
Republicans over the Senatorship which followed. AVilliam
H. Seward, Secretary of State in President Lincoln's Cabinet,
and Thurlow Weed, the recognized Republican State leader,
favored the election of Edward D. Morgan, a rich merchant of
New York city, who was chairman of the Republican National
Committee. Horace Greeley, a former partner in the political
firm of '' Seward, Weed and Greeley," favored the re-election
of King, or Daniel S. Dickinson. The opposition, who dis-
trusted Morgan, however, were not united, and the first formal
ballot in the Republican caucus gave Morgan 25 votes, King
16, Dickinson 15, Charles B. Sedgwick, a Syracuse lawyer, 11,
David Dudley Field 7, Henry J. Raymond, editor of the New
York Times, 6, and Ward Hunt, later a Justice of the United
States Supreme Court, 4. The number necessary to a choice
was 44. On the second ballot Morgan received 50 votes, Dick-
inson 13, King 11, Rajrmond 9, and Field 2. Morgan became
the caucus nominee. On joint ballot Morgan received 80 votes,
to 70 votes cast for Erastus Corning, of Albany, the Demo-
cratic nominee. Ugly rumors persisted for years that Morgan's
election could not have been accomplished without the use of
Morgan's monev.
The Republicans, in 1868, elected a majority of the State
Legislature, and at once a fierce contest ensued over the choice
of a successor to Senator Morgan whose term was to expire on
March 4, 1869. Several political acts of Morgan's while Senator
had made for him enemies in the party. He had the support
of Roscoe Conkling, his Senatorial colleague, but certain Repub-
licans feared Conkling and did not favor his domination in
State Republican politics. Reuben E. Fenton, who was just
relinquishing the Governorship to John T. Hoffman, Democrat,
was, in 1869, at the height of his influence and power. He was
MANUAL AND CIVIL LIST. 93
the recognized head of the Republican " State machine," as
distinguished from " the Federal crowd," to which Conkling
and Morgan were credited. In this year James W. Husted, of
Peekskill, was serving his first year in the Assembly, and was
numbered among the adherents of Governor Fenton. A Demo-
crat was in the Senate from this district.
Fenton 's friends succeeded in controlling the organization of
the Legislature, electing Truman G. Younglove Speaker. The
Senatorial contest proved to be as promised, very exciting. The
Morgan money was reported to be plentiful to aid Morgan's
re-election. The New York Times stated editorially: "It is
conceded on all hands that money will decide the contest."
Like Morgan, Fenton was a wealthy man. Another factor,
however, eventually entered more largely into the situation;
Speaker Younglove, at Fenton 's suggestion, basing his action
on the belief that good committee appointments were of more
potency than other arguments, held back the announcement
of committees until he had exacted support for his candidate,
Fenton. On January 16, 1869, the Republican caucus was held
to decide on a candidate to support for United States Senator;
it was a straight-cut fight between Fenton and Morgan, " the
State machine " and '' the Federal crowd." Fenton won on
first ballot, receiving 52 votes, to 40 votes cast for Morgan.
DEPEW'S FIRST APPEARANCE AS A SENATORIAL CANDIDATE.
It was in the winter of 1881 when " our own Chauncey "
M. Depew first loomed up quite prominently as a candidate
for United States Senator. The fight over the Senatorship in
the State Legislature that winter is, mildly speaking, referred
to as " New York's historic Senatorship contest." Thomas
C. Piatt had been elected Senator in January of that year.
Piatt had, in the year 1879, assured State Senator W. H.
Robertson, of Westchester County, that he (Robertson) was
his choice for Governor, while he was secretly favoring the
nomination of Alonzo B. Cornell. Later, Mr. Conkling and he
succeeded in having Cornell nominated for Governor. In
return for this. Gov. Cornell advocated the election of Piatt
as United States Senator. Roscoe Conkling, then a United
States Senator from this State, and the recognized Republican
State leader, wanted State Senator Richard Crowley, of Niagara,
to be elected as his colleague, but finally gave his support to
Piatt.
94 MANUAL AND CIVIL LIST.
Independent Republicans in the Legislature, to a consider-
able nmnber, decided to support Senator Chauncey M. Depew,
of Peekskill. Enough of the Independents eventually voted
for Piatt to give him the caucus nomination by one vote.
After Piatt had taken his seat as Conkling's colleague came
the break with the Garfield administration, over the appoint-
ment of AYilliam H. Robertson as Collector of the Port of New
York. The resignations in May of both Conkling and Piatt
from the Senate followed as a rebuke to President Garfield.
This was grand-stand play. Neither Conkling nor Piatt had
any serious doubt that the Legislature which had elected Piatt
in January would send them both back to AYashington in May,
as a vindication of their stand against Garfield. The Stalwart
faction, to which they belonged, had a clear majority in the
Republican caucus, and the two Senators took it for granted
that its members would stand by them loyally. But they made
the mistake common to many politicians who fail to take the
people into their confidence; neither one counted on the change
in sentiment which had taken place out of, if not in, the Legis-
lature in the course of a few months. The attitude of oppo-
sition maintained by Conkling and Piatt had stirred the State
to its depths. Legislators began to hear from their constituents
about it. The result was that when a call was sent out for a
Republican caucus, many of the " Half-breeds," supporters of
the Garfield Administration, and even some of the " Stalwarts,"
refused to heed it. Balloting began on May 31, without any
settlement having been reached by the Republicans. The first
ballot resulted as follows: To succeed Piatt (long term), Piatt,
29 ; Depew, 21 ; Gov. A. B. Cornell, 12 ; Elbridge G. Lapham, 8 ;
Warner Miller, 5 ; Richard Crowley, 3. Francis Kernan, of
Utiea, received 54, the full Democratic vote. To succeed Conk-
ling (short term), Conkling, 39; "William A. Wheeler, 19; Cor-
nell, 9; Crowley, 5; Miller, 1. John C. Jacobs, of Brooklyn,
received 54, the Democratic votes.
The first ballot marked the highest point in the balloting
reached by Conkling and Piatt in the struggle which proceeded
through 56 ballots, lasting from May 31 to July 22. On July 1,
Piatt, to the surprise of his friends, withdrew from the strife.
The assassination of President Garfield on the following day
had a marked effect on the balloting, and a few days later, at a
Republican conference, in the interest of harmony, Mr. Depew,
who had led the balloting almost since the start, for the long
MANUAL AND CIVIL LIST. 95
term, withdrew his name. A caucus w^as then held, in which
Senator William H. Robertson, of Westchester County, proved
an important factor, and at this caucus Warner Miller was
nominated for the long term. Gov. Cornell was slated for the
short term, but he refused to accept, as he would not oppose
Conkling's re-election, and the nomination went to Elbridge
G. Lapham.
Conkling never again held office, and his defeat for re-election
as Senator terminated his political leadership, and, it is said,
he never ceased to deplore his mistake in resigning the Senator-
ship. Piatt later admitted that he suggested their resigning.
Piatt returned to active politics, assumed State leadership,
was again a United States Senator, and, in 1898, materially aided
' ' Westchester 's favorite son, ' ' Chauncey M. Depew to be elected
as his associate in the Senate.
In 1911 the Legislature of the State of New York elected the
forty-first Senator to represent this State in the United States
Senate since the ratification of the Constitution.
The term of office of Senator Chauncey M. Depew terminated
on March 4, 1911, after serving two terms of six years each.
It was hoped by his friends that he would be permitted to serve
yet another term in a position for which he is well adapted.
The general election of November, 1910, decided against him,
inasmuch as it returned a Democratic majority in both branches
of the State Legislature. By a unanimous vote, Mr. Depew
received the Republican caucus nomination to succeed himself,
and in the joint ballots received every Republican vote, includ-
ing the last ballot at the time a choice was made. The Demo-
cratic majority experienced difficulty in concentrating their
votes upon one member of their party. William F. Sheehan,
of New York, received the Democratic caucus nomination, but
thirty Democrats, who became styled as " Insurgents," refused
to enter a caucus or to be bound by the actions of a caucus,
and persisted in voting for others than for Mr. Sheehan ; numer-
ous ballots, one cast every week day from Jan. 17 to March 30,
1911, failed to elect. On the evening of March 31, the nominee
of a new Democratic caucus succeeded in getting the full Demo-
cratic vote and in being elected; this man was James Aloysius
0 'Gorman, at the time a Justice of the Supreme Court, of the
First Department, New York city.
It is no reflection upon the gentleman elected, to mention
that before his selection was decided upon, a tender of the
96 MANUAL AND CIVIL LIST.
Senatorship was made to a resident of AYestcliester County;
and at one juncture it looked as if a son of Westchester would
be succeeded in the United States Senate, from New York, by
another hailing from the same county. Supreme Court Justice
Martin J. Keogh, of New Rochelle, this county, felt compelled
to decline the high honor, which he fully appreciated, as he
preferred to remain on the bench and fill out the new term for
which he had just been elected.
The Governor of the State of New York has no power to
appoint a United States Senator to fill vacancy while the Legis-
lature is in session and able to act. For this reason during the
Legislative deadlock of 1911, from March 4, the date Senator
Depew's term ended, to one month later. New York State had
but one representative in the upper branch of Congress.
Of the total number serving as United States Senators,
elected from this State, Westchester County is credited with
two, Governeur Morris, of Morrisania, from 1800 to 1803, and
Chauncey M. Depew, of Peekskill, from 1899 to 1911.
Eleven, one-fourth, of the Senators have come from New York
city. The homes of the rest are widely scattered through the
upper section of the State.
Statistics teach us that in the earlier period this office of high
honor was not sought after so persistently as it is now. To be
a United States Senator in 1789 and for several years later was
an honor held in comparatively light esteem. In 1789 the State
went unrepresented some months because the State Senate and
Assembly could not agree on a method of choice.
The same situation occurred again in 1803, when both Sena-
tors having resigned, one to become Mayor and the other Post-
master of New York city, the State was left without a repre-
sentative in the upper house of Congress. There were nine
resignations in the first fifteen years of the Senatorship ; since
1844 there have been only two, and those occurring under
unusual circumstances.
Stranger than the number of resignations, in the earlier days,
were the offices for which aspirants quitted the National Senate.
Senator Bailey, who hailed from Poughkeepsie, and who suc-
ceeded Gouverneur ]\Iorris of this county in the Senate, pre-
ferred to be postmaster in New York city rather than Senator.
James Watson, of New York, Senator Morris' predecessor,
served two years and then resigned to become Naval Agent at
New York. Others resigned to accept small judicial offices and
MANUAL AND CIVIL LIST. 97
other political positions that would not be thought of by men
who to-day measure up to a Senatorship. Those Senators of
old were good, able men, but they were, apparently, given to
doing queer things.
De Witt Clinton, an able statesman, in 1802 resigned the
Senatorship to become Mayor of New York city, by appoint-
ment from his uncle, Gov. Clinton. He, it is said, lived to recog-
nize that he had made a mistake and ruined his political pros-
pects, though he got to be Governor. Certainly his Presidential
aspirations were set back when he removed himself from the
National eye. The same may be said of Nathaniel P. Tallmadge
who, in 1844, resigned the Senatorship to accept the Governor-
ship of the Territory of Wisconsin, which he lost within two
years.
Contests for the United States Senatorship in this State have
generally been settled before the party caucus met, by an agree-
ment among the political leaders; but there have been some
interesting contests settled in caucus. One contest, that of 1881,
the Conkling-Platt, was carried to the floor of the Legislature.
The Senatorial contest of 1911, made famous by a fight started
by certain Democratic members of the Legislature against what
they termed " an outside controlled caucus," is an event that
promises to become historical.
The Campaign Publicity Act, which passed Congress and
became a law in August, 1911, prohibits candidates for the
Senatorship spending over $10,000 to aid their election.
As early as 1895 State Legislatures began to pass resolutions
asking Congress to afford them the opportunity to ratify an
amendment to the Constitution which shall provide for the
direct election of United States Senators. Other States adopted
the more practical expedient of reforming their primary laws,
so as to name the man at the primary and to insure the choice
of the popular vote being made the choice of the Legislature.
According to the best authority in Congress the only way
in which the demand for popular election of United States
Senators may be placed before the States as a Federal propo-
sition is in accordance with Article 5 of the Constitution of
the United States.
For a long time the definite action of the various State Legis-
latures on the election of United States Senators failed to make
a marked impression upon Congress. Prior to 1911, the House
of Representatives passed the necessary Constitutional amend-
98 MANUAL AXD CIVIL LIST.
ment several times, but the Senate refused to concur, the Sen-
ators acting in opposition for various political reasons.
Nevertheless, public sentiment in favor of direct election of
United States Senators was never so strong as in this year 1911.
In the vote cast in the House of Representatives in March,
1911, only 16 votes were recorded in opposition; the opposition,
apparently, related to the extent of the authority which Con-
gress is to retain over the manner of elections and the quali-
fications of voters.
A change in the mode of selecting United States Senators is
sure to come, and soon.
State governments will probably gain more than the United
States Government from the election of Senators by popular
vote; for Senatorial contests are a persistent source of legis-
lative demoralization.
The President's Salary.
The question of salary of the President of the United States
was the cause of much discussion in the First Congress, in view
of the fact that the Constitution declared that the President
should receive compensation for his services. AVashington had
notified his fellow-citizens that he desired no salary. The limits
suggested in Congress ranged from $15,000 to $70,000. The
salary was finally placed at $25,000, and this remained the
salary until President Grant's second term (March 3, 1873),
when it was increased to $50,000, and an extra allowance allowed
for expenses of the Executive Mansion. During the discussion
relative to increase of salary and extra allowance, it was held
that with time the expenses of the President in maintaining the
dignity of the office increased and unless due provision was
made by the government to meet these expenses, none but very
wealthy men would be able to hold the office of President.
Congress, by act approved March 4, 1907, appropriated, in
addition to the $50,000 per annum salary, $25,000 per annum
" for traveling expenses of the President of the United States,
to be expended at his discretion and accounted for by his cer-
tificate solely." Later in the year 1907, the question of increas-
ing the President's salary again came up, and it was finally
decided to fix the same at $75,000 per year, and at the follow-
ing session the additional appropriation of $25,000 per annum
for traveling expenses was made.
MEMBERS OF CONGRESS.
{Continued from page 16, Vol. 1.)
The government of the United States is divided into three
branches— legislative, executive and judicial.
In the American scheme of government, comprising three
co-ordinate branches. Congress is an important one. It prom-
ises to have a total membership of five hundred and twenty-
nine.
The legislative powers of the government are vested in a
Congress, consisting of a Senate and a House of Representatives,
the Senate being designated sometimes as the " upper house "
and the House of Representatives as the " lower house " of
Congress.
Congress must assemble at least once a year, and the session
commences on the first Monday in December, in the city of
Washington, District of Columbia.
The House of Representatives is known as the " popular
body," as it is nearer to the people, reflecting the sentiment
of the people, and its members being elected more frequently
than members of the '' upper house." The term of office of
a Representative is two years, that of a Senator six years; the
first being chosen by direct vote of the people, the second by
votes of members of Legislatures in the several States.
Representatives are elected every second, or even, year by
the people of the different States. Any male person at least
twenty-five years of age, who has been for seven years a citizen
of the United States, is eligible for the office of Representative
in Congress; he must, further, be an inhabitant of the State
from which he is chosen. The number of Representatives to
which any particular State is entitled depends upon the popu-
lation of the State, the only persons excluded in determining
the number of Representatives in most States being Indians.
In Oklahoma State Indians may be counted and vote, on con-
dition that they have severed tribal relations.
The Constitution makes no provision for the appointment of
any officers of the House of Representatives, except the presid-
99
100 MANUAL AND CIVIL LIST.
ing officer, who is called the Speaker; this officer has usually
been a member of the House, but it is held that, under the
Constitution, the House may choose a Speaker who is not a
member. Frequently of late there has been much talk in Con-
gress of electing as Speaker a parliamentarian who is not a
member of that body. Advocates of this idea claim that the
English plan of having an expert parliamentarian, instead of
a politician, as a presiding officer is the only correct one. They
maintain that as long as the House selects a party leader as
Speaker just so long will the House have partisan and unfair
rulings from the chair.
At the time of the adoption of the Constitution, each State
was allowed one Representative for every 30,000 of popula-
tion, but every State having a population of less than 30,000
was entitled to one Representative.
Under the apportionment made in accordance with the last
census; this State is allowed one Representative for approxi-
mately every 212,000 of inhabitants.
The United States census taken in the year 1910 may change
materially the apportionment of Representatives in Congress.
The Senate of the United States is composed of two Senators
from each State, chosen, as a general rule, by the State Legis-
lature for a term of six years. In many States the Senators
are chosen by a popular vote ; names of candidates for the office
are placed before the people assembled at political primary
meetings and a vote taken to express preference, the person
receiving the highest number of votes is thus recommended to
the Legislature, and the Legislature in turn confirm the action
of the people by electing their choice. An " election by the
people " mode of choosing United States Senators.
The qualifications of a Senator are that he must be at least
thirty years of age and must have been a citizen of the L^nited
States for nine years, and must be an inhabitant of the State
from which he is chosen.
In case the office of Senator from any State becomes vacant
while the Legislature of the State is not in session, the Governor
has power to make a temporary appointment luitil the Legis-
lature meets. It has generally been held that the Governor
does not have power to make a temporary appointment in case
of vacancies occasioned by a failure of the Legislature to elect,
although in recent years several such appointments have been
attempted to be made.
MANUAL AND CIVIL LIST. 101
The Vice-President of the United States is the presiding
officer of the Senate, but he has no vote unless the Senate is
equally divided. All other officers of the Senate are chosen
by the Senators, and among them is a President pro tempore,
who presides in the absence of the Vice-President and performs
all the duties of the Vice-President in case the Vice-President
is required to exercise the duties of the President, as was the
case in several instances, by reason of the death of Presidents
of the United States.
UNITED STATES SENATORS FROM THIS COUNTY.
Gouverneur Morris, of Westchester, from April 3, 1800, to
February 1, 1803.
Chauncey M. Depew, of Peekskill, two terms. Elected Janu-
ary 18, 1899, re-elected January 18, 1905 ; term expired 1911.
The election of a United States Senator is controlled by
Federal law, not by State law. The act of 1866 carefully
defines the procedure.
On the second Tuesday after its meeting and organization
the Legislature is to convene for the purpose of electing a
Senator. '^ Each house shall openly, by a viva-voce vote of
each member present, name one person for Senator in Congress
from such State." The following day the two houses con-
vene in joint session at noon, and if the same person has received
a majority of all votes in each house he shall be declared
Senator. Otherwise the joint Assembly shall proceed to choose,
** by a viva-voce vote of each member present, a person for
Senator, and the person who receives a majority of all the votes
of the joint assembly, a majority of all the members elected to
both houses being present and voting, shall be declared duly
elected." If there is no majority the joint Assembly is required
to meet each succeeding day during the session and take at
least one vote until a Senator is elected.
As the New York Legislature consists of 201 members, 51
being Senators and 150 xVssemblymen, it requires 101 votes to
elect a United States Senator in this State.
The Governor of a State has no power to appoint a United
States Senator to fill vacancy while the Legislature is in ses-
sion, and able to act to elect.
The proposition to amend the Constitution of the United
States, now being submitted to the several States, providing
102 MANUAL AND CIVIL LIST.
for popular election of United States Senators, will, it is
believed, be adopted.
Twenty-seven States petitioned Congress to call a conven-
tion to submit to the States a constitutional amendment pro-
viding for popular election of Senators. Most of these States
already select Senators by vote cast at primary elections.
REPRESENTATIVES IN CONGRESS FROM THIS COUNTY.
By act of the Legislature, passed April 13, 1892, Westchester
County was combined with a small section of New York City,
of what was known as the '' annexed district," to make the
16th Congressional District.
Under that apportionment the following named gentlemen
have represented the district, in the years given :
William Ryan, of Port Chester, 1893-4.*
Ben L. Fairchild, of Pelham, 1895-6.
William L. Ward, of Port Chester, 1897-8.
John Quincy Underbill, of New Rochelle, 1899, 1900. (Died
May 21, 1907; aged 59 years.)
Cornelius A. Pugsley, of Peekskill, 1901-2.
Changes in boundary line, in 1901, under new apportionment,
effected also a change in the political complexion of local Con-
gressmen, the Westchester County Congressional district now
being as strongly Republican as it was before Democratic.
Norton P. Otis (a former Mayor), 1903-4. (Died February
20, 1905.)
John E. Andrus (a former Mayor), 1905-6-7-8-9-10-11, present
incumbent.
The vote cast for Congressman in the Nineteenth (West-
chester) District, 1910, was divided as follows:
John E. Andrus, Republican and Ind. Labor. . 23,140
Cornelius A. Pugsley, Democrat 22,247
Alfred E. Dixon, Socialist 929
Charles A. Brady, Prohibition 286
A new apportionment of Congressional districts in the State
has been made under the Federal census of 1910. The State is
given 43 instead of 37 Congressmen.
*For names of previous Con^jressmen see page 17, Vol. 1.
MAiMJAL AND CIVIL LIST. 103
Jared V. Peck, of Rye, who served during the years 1853
and 1854, preferred to be considered as a business man, pos-
sessing good common sense. He was not a man for show or
self aggrandizement, as was proven when he later presented
a free library to Port Chester, giving building and books,
valued at $30,000, on the expressed condition that his name be
not connected with the gift in any way, not even as a trustee.
He also served as a Presidential elector in 1856.
John B. Haskin, of West Farms, was a forcible speaker,
strong in " stump campaigning." He was often heard of in
Congress. He frequently stated that he came from " fighting
stock," and as a political fighter he proved himself worthy of
his sires. He served four years in Congress.
William Radford, of Yonkers, who was not an orator and
never spent time in attempts to make speeches, served two terms
in Congress, 1863-4-5-6, as a Democrat; was again a candidate
for re-election in 1866. He was at this time opposed by a
considerable number of influential members of his own party,
who took issue with him on account of certain actions of his
in Congress; it being charged that he knowingly and inten-
tionally deserted his party and arrayed himself on the opposite
side and supported political measures advocated by his party's
opponents, the consideration offered him being political pat-
ronage. The district at that time was strongly Democratic, and
Congressman Radford believed that if he was successful enough
to get the party nomination his election would certainly follow,
regardless of the disaffection among his old supporters. He
secured the nomination ; in fact he was permitted to secure the
nomination by those who had a purpose to serve. Seeing an
opportunity not to be disregarded, the Republican party pre-
vailed upon County Judge William H. Robertson to become
the party candidate for Congress. The campaign that fol-
lowed was one of the most spirited for that period. The dis-
affected Democrats voted for Robertson or remained away from
the polls ; Robertson was elected. Congressman Radford retired
to private life. Thus Judge Robertson was enabled to break
into a long line of Democratic Congressmen from the local
district. But he expressed no desire to return to Washington;
in fact, he stated that he did not feel at home in Congress,
would prefer to legislate for the county in Albany.
Clarkson N. Potter, Democrat, of New Rochelle, followed
Robertson and served as Representative in Congress three terms,
104 MANUAL AND CIVIL LIST.
when he decided to retire, to, as he said, give some one else a
chance to serve the district. X. Holmes Odell, Democrat, of
Tarrytown, who was ending his third term as County Treas-
urer, was nominated to succeed Mr. Potter, and Mr. Potter suc-
ceeded Mr. Odell. The special fitness of Mr. Potter for the office
was generally acknowledged and he was usually elected with but
little opposition. Mr. Potter in 1879 was the Democratic candi-
date for Lieut. -Governor, but was defeated in a close campaign,
in which it was at first believed he was elected.
AVhen Mr. Odell ran he had as his Republican oppo-
nent ex-Assemblyman Amherst Wight, Jr., of Port Chester.
]\Ir. AVight had taken a prominent part during several sessions
of the Legislature and had proven himself a man of marked
ability: he had, he thought, got all the honor there was in being
an Assemblyman, and being ambitious, he sought the Republi-
can nomination for Congress. He was permitted to be nomi-
nated, but — . The rumors afloat at the time implied that he
did not receive the party support, for the reason that it was
feared he aspired to be a party leader when the then recognized
party leaders did not want their number increased. After this
sad defeat, I\Ir. AVight, Jr., retired from active politics.
The election of Alexander Smith, Republican, of Yonkers,
in 1879, over Alalcolm Cobb. Democrat, of Ossining, was the
second break into the Democratic Congressional line. Mr.
Smith had at the time gained wide reputation as a carpet manu-
facturer employing several hundred, if not thousands, of people;
and this, added to his high personal character, rendered him
particularly popular; and, notwithstanding he ran against a
most estimable gentleman and a leading member of the AV^^st-
chester Countv bar, he was elected. But the excitement of
campaigning, though personally moderate, proved too much for
his health, which of late had not been robust. At nine o'clock
in the evening, on the day of election, just after word announc-
ing his success had been brought to him, he died. The vacancy
caused by his death was not filled until after the next general
election, at which AA'aldo Hutchins, Democrat, of Kings-
bridge (formerly of Yonkers now in the annexed district),
was chosen.
^h\ Hutchins served in Congress two terms. He had, when
he first ran, for his Republican opponent Alexander Taylor, of
Rye. a representativp of the young element in politics. Taylor
proved to be a hustler and ever kept the friends of his opponent
MANUAL AND CIVIL LIST. 105
guessing as to the length his ability as a vote-getter would take
him. It was believed at first that Taylor had carried the Demo-
cratic County of Westchester; but the official vote gave the
county to Hutchins by 549 ; the strong Democratic vote in ' ' the
annexed district " added to Hutchins' majority. When the
latter ran again he had as his Republican opponent a gentleman
who proved to be gentleness itself. Mr. Hutchins was re-elected.
Mr. Hutchins then tried for the nomination for Governor,
but was defeated in the Convention by Grover Cleveland secur-
ing the nomination.
The year 1894, when William Ryan was a candidate for
re-election, proved a bad one for the Democrats. In that year
the Tariff issue was raised, and as a result the Republican-Pro-
tectionists swept the country, and known Democratic Congres-
sional Districts were carried by the Republicans, as they never
were before; this, the 16th, was influenced the same way, and
a Republican succeeded Mr. Ryan. Changes of this kind are
liable to occur at any time; the enactment of a new high Tariff
law, in 1910, when the people were clamoring for " a revise
downward," caused Republican districts to elect Democrats and
gave a majority in the House of Representatives to the Demo-
crats in 1911.
The Republican victory in 1896 was attributed to the Bryan
16 to 1 issue ; in that year Bryan ran as the Democratic can-
didate for President, and it was a sure thing for any one run-
ning on the opposition ticket in this locality.
To oppose Ryan, in 1894, the Republicans made a strong nomi-
nation in naming Ben L. Fairchild of the town of Pelham.
Mr. Fairchild conducted a clever canvass in his determination
to overcome a formidable adverse majority, and proved himself
to be a " hustling vote-getter," as was promised he would do
at the time his friends asked for his nomination. In Congress
Mr. Fairchild 's vote was recorded on the right side of every
proposition, and the record made by him as our district's rep-
resentative will bear minute inspection; it proved creditable to
his constituents as well as to himself. As was his due, under
the accepted rule that " one good term deserves another," Mr.
Fairchild received the regular nomination from the Republican
party for re-election in 1896, at a convention, regularly called
by the Republican Congressional Committee, and held in the
city of Yonkers. Unfortunately for harmonious action, the
Republican party within the Congressional district was at this
106 MANUAL AND CIVIL LIST.
period in a " state of upheaval," as a result of a faction fight
growing out of a spirited rivalry for the local party leadership.
One faction headed by Judge William H. Robertson and Wil-
liam L. Ward opposed the faction friendly to Congressman
Fairchild, and for this reason opposed the latter and refused
him an endorsement. The Robertson-Ward faction held a
Republican convention in White Plains on the same day the
Republican convention in Yonkers renominated Congressman
Fairchild.
The first action taken by the leaders in White Plains was
to agree that the nominee of their convention was to "stand
pat," and continue as a candidate for Representative in Con-
gress to the closing of the polls on election day; maintaining,
in season and out of season, that he, and he only, was the
" regular nominee " of the Republican party in this district.
William L. W^ard was finally persuaded to take the nomination
from the White Plains convention on conditions specified. Mr.
W^ard simultaneously secured an independent nomination by
petition. Both alleged Republican ' ' regular ' ' candidates being
men of " grit," the strife for the masterhand w^as soon under
way, to the full satisfaction of all who enjoy being onlookers
viewing the skillful playing of the political game. The oppos-
ing forces were equally expert as well as resourceful, and in
the end honors were about equally divided.
The certificate of Mr. Fairchild 's nomination by the Repub-
lican convention was filed with the Secretary of State at Albany,
as the law requires; Mr. Ward caused a separate certificate of
his nomination by the White Plains convention to be also filed
with the Secretary of State. Both Fairchild and W^ard claimed
to be the " regular nominee " of the Republican party for
Representative in Congress from this district. The Secretary
of State decided that the convention nominating Mr. Fairchild
was the regular Republican convention, authorized to make
such nomination. To this Mr. AYard and friends objected and
forthwith appealed, from the Secretary of State's decision,
to Mr. Justice Edwards, sitting in Hudson, N. Y. Justice
Edwards, on this application, issued an order overruling the
Secretary of State, and directing Mr. Ward's name to be printed
in the Republican column on the official ballot in place of the
name of Mr. Fairchild. An appeal from Justice Edwards'
order was taken to the Court of Appeals, but it was too late
for the appeal to be heard before election day, with the result
MANUAL AND CIVIL LIST. 107
that Mr. Ward's name on election day was printed in the
Republican column, giving him the Republican vote and the
election on the face of the returns. Subsequent to the election
the Court of Appeals unanimously reversed Justice Edwards'
with an opinion (151 New York, page 359) which held on the
merits that Mr. Fairchild was the regular Republican nominee
and that his name should have been printed in the Republi-
can column on the official ballot, and also held that Justice
Edwards, through whose order Mr. Ward's name was printed
in the Republican column on the official ballot, had no juris-
diction to make such order.
But this decision of " the higher court " came too late to
benefit Mr. Fairchild, though it doubtless afforded him satis-
faction to a great degree, even if it did not restore to him his
just due. Mr. Ward was comfortably seated in Congress,
realizing that possession is many points in law; his associates
decided not to disturb him, and he was permitted to serve out
the two years' term, at the end of which Mr. Ward declined a
renomination, stating that his vast business interests demanded
his undivided attention.
Mr. Fairchild loyally served the district in Congress, and
by so doing earned a re-election. Mr. Ward ably and faith-
fully succeeded him, and their constituency in this county
profited by the services of each.
LENGTH OF SERVICE.
A study of the length of service of Senators and Represen-
tatives in Congress, is, at least, an interesting one. Numerous
members of Congress have been retained by constituents many
years, some as long as they would consent to remain in the
service of the people. Their inducement being patriotic motives,
more than from a desire for pecuniary compensation, as the
salary attached to the office of Senator or Representative is
shamefully small and inadequate.
Service has been longer in the Senate than in the House, on
account of the term being longer. In the early period men
who were not so absorbed in business and in chasing the
almighty dollar, were willing to serve their country longer in
the halls of Congress, and their constituents were anxious that
they should. It would not be fair to say that men were more
patriotic, self-sacrificing and abler in the earlier days of the
Republic than men are now.
108 MANUAL AND CIVIL LIST.
It has been found that long service is helpful to the State
and gives the member leadership in committee appointments
which is of great value to his district.
Philip Van Cortlandt, 'who represented this county in the
first Congress as Kepresentative, served twelve years, from 1789.
Aaron AYard, another of our Representatives, served one year
longer, from 1825 to 18-44, but not continuously. These men
were residents of this county. Of the later day, Clarkson N.
Potter, of New Rochelle, served the longest time, four terms,
eight years. As a usual custom, local Representatives were
retained only for one term, two years; occasionally there was
an exception. The present Representative, John E. Andrus,
of Yonkers, is serving his fourth term, or seventh year.
In the United States Senate, Chauncey M. Depew, of Peeks-
kill, served twelve years. His last term ending March 4, 1911.
Many able men have preferred to be in the House rather than
in the Senate. Henry Clay liked the turbulence of the lower
chamber better than the solemn stillness of the other branch.
He began his real political career there in 1811, although he
was in the Senate as early as 1806. Clay's service in national
office extended to his death in 1852, while a member of the
Senate. It covered a period of 46 years in all, though part of
the time he was in private life.
There were men with long public careers earlier than Clay.
Nathaniel Macon, of North Carolina, entered the House of
Representatives in 1791, and was there until 1815, when he
went to the Senate and served until 1828, thus being in Congress
37 years continuously. Thomas Newton, of Virginia, was in
the House from 1801 to 1831, continuously. He was the only
man who served 30 years in the House until William S. Holman,
of Indiana, in more recent days, slightly exceeded that record.
Senator Benton, one of the ablest men ever seated in Congress,
represented his State in the United States Senate for 30 years,
continuously. No one equalled this length of service until the
time of Senator Sherman, of Ohio, and Senator ^lorrill, of
Maine, in later years, save Senator AVilliam R. King, of Ala-
bama, who was in the Senate in the aggregate about 30 years.
King and John C. Calhoun, of South Carolina, began their
public ser^dce in 1811, when both were members of the House
over which Speaker Clay presided, and each was in national
office at the time of his death, Calhoun dying in 1850 and
King in 1853. Both were in each branch of Cono^ress and in
MANUAL AND CIVIL LIST. 109
the Vice-Presidency. Calhoun being Vice-President from 1825
to 1829 ; Calhoun was also Secretary of War in President
Monroe's Cabinet, in 1817. King was Vice-President in 1853,
but died one month and fourteen days after taking office; office
remained vacant balance of term.
Henry Clay, besides serving many terms in Congress, was
Secretary of State during the administration of President John
Quincy Adams, serving from 1825 to 1829.
The public service of Daniel AVebster, of Massachusetts, began
in 1813, two years later than that of Calhoun and King, and
included membership in each branch of Congress. He died
39 years later, while Secretary of State under President Fil-
more, in 1852. Previous to entering Filmore's Cabinet, he
had served as Secretary of State in the Cabinets of President
Harrison and Tyler, from 1841 to 1843. (His widow lived and
died in New Rochelle in this county.)
After retiring from the office of President of the United
States, John Quincy Adams, known as " the old man eloquent,"
was elected as a Representative in Congress, and held that
office at the time of his death. In 1836 his colleagues in the
House were James K. Polk and Franklin Pierce, who were
later to be Presidents of the United States.
In 1848, when Polk was President, Abraham Lincoln, who
was serving his first term, and Andrew Johnson, who later was
Lincoln's associate on a Presidential ticket, was serving his
third term, were members of the House; Lincoln a Whig, and
Johnson a Democrat. In this Congress, the thirtieth, Horace
Greeley, two years later a resident of Westchester County, was
a member, representing a New York city district, elected to
serve three months to fill a vacancy.
Jefiferson Davis, a United States Senator, and later President
of the Southern Confederacy, in 1848 declined to support, or
even vote for, his father-in-law. Gen. Zachary Taylor for the
office of President of the United States, on political grounds.
Gen. Taylor was the successful Whig candidate.
Mr. Davis was a colleague in Congress of Jared V. Peck,
Representative from this county, and they were intimate
friends.
Thomas Corwin, of Ohio, had been a member of Congress
prior to 1850, when he entered President Filmore's Cabinet as
Secretary of the Treasury; from 1850 to 1853 he served as a
Cabinet officer, and in 1859 w^as sent back to Congress. When
110 MANUAL AND CIVIL LIST.
he looked about him and saw many new faces, and missed
many old ones, he exclaimed, " The Gods, are all deadT'
referring to Clay, Calhoun, AYebster, Benton, King, John
Quincy Adams and the rest of the distinguished men with
whom he served many years earlier, his first appearance in Con-
gress being in 1831. His career in public life lasted until 1864.
James Monroe's career as a public official, which began with
his election to the Continental Congress in 1783, ended forty-
two years after, when he retired from the highest office in the
gift of the people, the position of President of the United States.
Besides serving in both houses of Congress, Mr. Monroe was
Secretary of State under his close friend President Madison,
and held various responsible positions representing this Nation
in foreign countries. He abandoned the practice of law when
a young man, and was afterward, and until his election as
President, always holding public office, his special fitness making
him in constant demand.
Lewis Cass, of Ohio, and John J. Crittendon, of Kentucky,
both of whom held portfolios in the Cabinets of two Presidents,
served long terms in Congress.
Coming down to more recent periods we come upon several
long records of service in public life. The length of service of
some members of Congress who died recently are notable. John
Sherman, Senator from Ohio, and Justin S. Morrill, of Maine,
who were in Congress shortly after the ^Missouri Compromise,
entered the House in 1856, and Morrill remained there con-
tinuously until 1867, and in the Senate from that time until
his death in 1898, or 43 yeai^, 9 months and 24 days, which is
the longest career in Congress continuously or absolutely in
American annals. His service in the Senate was little less than
32 years. Sherman was in the Senate almost 32 years and in
the House six years. Sherman was a member of President
Hayes' Cabinet, as Secretary of the Treasury^, from 1877 to
1881, and a member of President McKinley's Cabinet, as Sec-
retary of State, for a short period.
Senator Allison, of Iowa, served in the United States Senate
for 35 years and a few months, and was one of its most influ-
ential members.
Senator Aldrich, of Rhode Island, came from a little State,
but he was until recently the big man in the Senate, the leader
of the majority, conspicuous in the formation of tariff laws
and other laws relative to the finances of the Nation. He entered
MANUAL AND CIVIL LIST. Ill
the Senate 29 years ago, and in 1910 declined a re-election. He
retired with 30 years of service to his credit.
The venerable Senator Hale, of Maine, the Nestor of the
Senate, had been a member seven months longer than Aldrich,
when he retired from the Senate in 1910. He would have
had to retain his place in the Senate until his eightieth year to
pass Aldrich 's record.
Senator Benjamin Ryan Tillman, of South Carolina, is serv-
ing his eighteenth year in the Senate.
Senators Cockrill, of Missouri, Hoar, of Massachusetts, Mor-
gan, of Alabama, Frye, of Maine (who died in 1911), Jones,
of Nevada, and Representative Grow, of Pennsylvania, are
others who gave many of their best years to long service of their
country, in the halls of national legislation.
Representative Cannon, of Illinois, Speaker of the House,
is serving his eighteenth term in Congress. Sereno E. Payne,
of New York, late Republican leader on the floor of the House,
and father of the present Payne tariff bill, is in his thirteenth
term of service, and is likely, if his life be spared, to serve
many more years.
Representative Samuel Randall, of Pennsylvania, made a
long record for service and was active in public life up to the
hour of his death. Mr. Randall, who had relatives here, was
well known in this county.
Of the members of the House of Representatives, thirty-
seven in number, from the State of New York serving in the
present Sixty-second Congress, one will, at the finishing of this
term, have served thirteen terms, one eight terms, two seven
terms, three six terms, six five terms, three four terms, nine
three terms, six two terms, and six are in their first term of
service.
William Sulzer, of New York city, is serving his eighth
term; D. S. Alexander, of Buffalo, and George N. Southwick,
of Albany, retired in 1911 after serving their seventh term.
The oldest member of the present Senate, in the Sixty-first
Congress, in years, is Isaac Stephenson, of Wisconsin, aged 80;
the youngest Senator is Mr. Gore, of Oklahoma, 39 years of age.
The oldest member of the House of Representatives, N. D.
Sperry, of Connecticut, 83 years of age, retired in 1911; and
the youngest Representative is Charles Gordon Edwards, of
Georgia, aged 32 years.
112 MANUAL AND CIVIL LIST.
As we scan the roster of the United States Senate and note
the birthplaces of Senators, we are impressed with the fact
that the State of ^Mississippi has gained the distinction in the
Sixty-first Congress of being the " ^Mother of United States
Senators." There are at present seven members of the upper
house of the National Legislature who first saw the light of day
in that State. No other State can boast of so large a number.
Each has achieved a high degree of success in political affairs.
Their names are Hernando D. Money and Anselm J. McLaurin
(both died recently), who represented Mississippi in the Senate,
Joseph W. Bailey, of Texas, Francis G. Newlands, of Nevada,
James P. Clarke, of Arkansas, Thomas P. Gore, of Oklahoma,
and George E. Chamberlain, of Oregon. Each of these Mis-
sissippians won fame before coming to the Senate. By many,
Senator Money was regarded as the most accomplished scholar
in the Senate ; he was a conspicuous member of the House
before his election to the Senate, where he served his third term,
of six years each. Senator McLaurin was twice Governor of his
native State before he became Senator. Senator Bailey was a
political factor in ]\Iississippi three years before he attained
his majority, and was a Presidential elector at the age of
twenty-one. Senator Newlands left his native State to go West
in search of fortune; he became private secretary to the late
Senator Sharon, of Nevada, afterwards the manager of a large
mining estate, and finally married Sharon's daughter. He
served ten years in the House and was father of the irrigation
law by which millions of acres of arid lands of the West have
been brought to fertility.
Senator Gore, the blind statesman, and the youngest Senator,
being only 39 years old, for years has been recognized as the
greatest orator of the Southwest. Senator Clarke achieved
distinction as Attorney-General and Governor of Arkansas.
Senator Chamberlain was twice elected as the Democratic Gov-
ernor of Oregon, a strong Republican State, and is largely
responsible for the famous Oregon primary law which provides
for the popular election of United States Senators. The law
enabled him to come to the Senate, although the Republicans
controlled the Legislature by a large majority.
Kentucky ranks next to Mississippi as the birthplace of
United States Senators. Senator Cullen, of Illinois, Republi-
can. Senator Bristow, of Kansas, Republican. Senator Stone,
of Missouri, Democrat, Senator Piles, of AYashington, Repub-
MANUAL AND CIVIL LIST. 113
lican, Senators Bradley and Paynter, of Kentucky, Democrats,
were all born in the Blue Grass State.
The State of Maine has two Democratic Senators, caused by
change of political views of its electors, for the first time in the
State's history.
There are no '' gentlemen " in the Senate. That is to. say,
there are none in a parliamentary sense. They are all gentle-
men in polite society, but they must not be referred to as such
during the Senate proceedings.
It is perfectly proper in the House of Representatives to
refer to an associate on the floor as the ' ' Gentleman from Mary-
land or Maine or Florida," but to speak of a Senator as the
** Gentleman from Tennessee or Virginia or Rhode Island "
would be an unpardonable breach of Senatorial proprieties.
The member of the upper branch must always be called or
addressed as the " Senator from so-and-so."
Ever and anon Vice-President Sherman, who got his parlia-
mentary training in the House, speaks from the chair to " the
gentleman, etc." He generally catches himself in time to
save himself a rebuke from some stickler for form.
Not long ago a new Senator, in making a speech, continued
to refer to an associate as '^ the gentleman from New York."
He was allowed to finish his speech, but when he had concluded
Senator Gallinger rose and administered a gentle but effective
rebuke to the new member.
'' I do not wish to reflect upon the Senator from New York,"
said Senator Gallinger, " by suggesting that he is not the
gentleman which he has been so frequently called during the
late address, but we know that the practice in this body pro-
hibits such usage."
The fact that two brothers, from different States and of
different political faiths, served in the House of Representa-
tives in 1910, attracted some attention. The cases of two
brothers, elected specially to represent strong opposite views,
like Representative George E. Foss, of Illinois, and Represen-
tative Eugene N. Foss, of Massachusetts (in 1910), have been
less rare than they are generally supposed to have been. In
their instance, however, the striking circumstance is added that
they belong to different parties, the Illinois Foss being a Repub-
lican and the Massachusetts Foss a Democrat, though only newly
fledged.
114 MANUAL AND CIVIL LIST.
In the Congress of 1847, which marked Lincoln's first appear-
ance in AVashington as a member of the House, there were three
brothers from the same State. Maine was represented in the
Senate by AVilliam Pitt Fessenden, who succeeded Salmon P.
Chase in Lincoln's Cabinet as Secretary of the Treasury, and
in the House bv Samuel C. Fessenden and Thomas A. D. Fessen-
den. In a previous Congress three "Washburns had served, but
they were from different States.
In 1849 Senator Dodge, of Wisconsin, and Senator Dodge, of
Iowa, father and son, were members of the same body. The
former was the first Territorial Governor of Wisconsin, holding
office from 1836 to 1841, and from him Dodgeville, the county
seat of Iowa County, Wis., takes its name.
In the Fifty-ninth Congress Frederick Landis joined his
brother Charles B. Landis for one term as a fellow-member
from Indiana. A third brother at the time was Postmaster at
San Juan, Porto Rico, and a fourth Judge Kenesaw Mountain
Landis of the United States District Court.
The Congressional perquisites are worthy of mention. Every
Member of Congress has the free use of the Congressional baths
and the barber-shops under the Capitol. He can take a nifty
Turkish bath, a Russian bath, a Roman bath, a needle-shower,
or the plain, old-fashioned Pike County style of bath, lying
down in a tub with both faucets going, and it doesn't cost him
a cent. As often as he pleases he may have a shave, a hair-cut,
a facial massage and be manicured all around, as they say in
parts of Iowa when shoeing a horse. Every other day he can
have the back of his neck shaved, just as if he were going to
some large social function back home. Uncle Sam pays for the
attendants and provides the whole outfit.
AVe mustn't overlook the notion-counter at the Capitol, either.
The members don't, so why should we? Especially as the said
notion-counter is a gracious and enduring boon to statesmen,
their wives, families, heirs and assigns. It contains everything
you can think of that would properly come under the head of
notions, and a great deal besides— all kinds of stationery, all
kinds of typewriter and desk supplies, pocket-knives, scissors,
fountain-pens, card-cases, purses, wrist-bags, visiting-cards, busi-
ness cards, and— sh-h-h!— even the kind of cards that run fifty-
two to a set and may be used for playing old maid and other
harmless games.
MANUAL AND CIVIL LIST. 115
COMPENSATION OF MEMBERS.
Attempts of Members of Congress to advance their pay from
time to time have raised a breeze that swept them from office.
Prominent men believed to be guilty of attempts to raid the
United States Treasury by the introduction of " grab bills,"
have been voted to remain at home, and the halls of Congress
that knew them once know them no more. Even in the earliest
days, Members of Congress were charged with defrauding the
Government by presenting dishonest claims for mileage.
When the pay of Members of Congress was originally fixed,
railroads and steamboats as yet were not; stage-coaches ran on
a few, and but a few, great highways of travel ; most of the
members came part of the way on horseback, and some came
all the way. It was therefore deemed just, in fixing their
compensation at $6 per day, to stipulate that a like sum should
be allowed as mileage, or the cost in time and money of journey-
ing each twenty miles on the roads to and from Washington.
Congress, in time, raised its own pay to $8 per day, and $8 for
every twenty miles in coming to and returning from AVashington.
In 1816 the pay was changed to $1,500 per annum, the mileage
remaining as before; but the people revolted at this, and swept
out nearly every member w^ho had voted for the salary raise.
The next Congress had to repeal the Compensation Act, and the
price per day went back to $8, mileage the same. In 1848 a
war for " cut prices " as to mileage was made in Congress. It
was not only charged that the rate allowed was outrageously
high, but also that members were dishonest in their demand for
pay; alleging that they traversed more miles than they really
did or was necessary for them to do. Much bitterness was
occasioned owing to open charges of dishonesty of members in
this respect.
The introduction and rapid multiplication of steamboats,
especially on our great trans- Alleghany network of rivers and
lakes, rendered this mileage absurdly too high. A member now
(in 1848) traversed a distance of two thousand miles about as
quickly as, and at hardly more expense than, his predecessor
by half a century must have incurred on a journey of two hun-
dred miles, for which the latter was paid $80, and the former
$800. Nor was this all. The steamboat routes, though much
more swiftly and cheaply traversed, were nearly twice — some-
times thrice— the length of the stage and horseback roads they
superseded. And— as the law said at first, and continued to
116 MANUAL AXD CIVIL LIST.
say, that they were to charge mileage '^ by the usually traveled
route " — they then charged and received t\^dce as much for
traveling five days in a sumptuous cabin, replete with every
luxury, as their fathers were paid for roughing it over the
mountains in fifteen to twentv davs, at a far greater cost.
It was protested that it was not right for a member residing
in central Ohio, Indiana or Illinois to "swing around the circle,"
via Detroit, Bufi:'alo, Alban}^ and New York, in traveling from
home to \Va>shington City; in fact, railroads are generally
straightening and shortening the "usual" routes of traveling.
Next the pay of a Member of Congress was raised to $3,000
per annum, and an allowance of forty cents per mile, by " the
usually travelled route." Later the salary was fixed at $5,000
per annum and the mileage fixed at twenty cents per mile.
The present salary of a I\Iember of Congress, Senator and
Eepresentative, is $7,500 per annum, and mileage of twenty
cents per mile for traveling to and from AVashington.
The bill for the apportionment of Representatives in Con-
gress under the thirteenth census, as adopted by the House,
provides for a new House of 433 members on and after March 3,
1913. With Arizona and Xew Mexico admitted to Statehood,
with one Representative each, the total will be 435. The present
membership is 391.
Under the new reapportionment plan no State loses a mem-
ber. The following States gain the number indicated: Ala-
bama, 1: California, 3; Colorado, 1; Florida, 1; Georgia, 1;
Idaho, 1 ; Illinois, 2 ; Louisiana, 1 ; Massachusetts, 2 ; Michigan,
1 ; Minnesota, 1 ; ]\Iontana, 1 ; New Jersey, 2 ; New York, 4 ;
North Dakota, 1: Ohio, 1; Oklahoma, 3; Oregon, 1; Pennsyl-
vania, 4: Rhode Island, 1; South Dakota, 1; Texas, 2; Utah, 1;
AVashington, 2 ; AVest Virginia, 1.
Under the new apportionment, of 1911, New York State will
have forty-three Congressional districts.
The States are left free to redistrict themselves in their own
way and to determine the qualifications of voters without Federal
interference.
The Campaign Publicity Bill, passed by Congr-ess in August^
1911, became a law on receiving the signature of President Taft,
on August 19. This act provides that Congressmen may spend
$5,000 and Senators only $10,000 to further their election. It
provides also for the publication of expenditures both before
and after election.
MANUAL AND CIVIL LIST. 117
NEW APPORTIONMENT
The State Legislature, on September 30, 1911, in passing a
bill reapportioning the State into Congressional Districts, placed
the County of Westchester into two districts, to be known as
the Twenty-fourth and the Twenty-fifth Districts, and fixed the
boundary lines of said new districts as follows:
TwENTY-FouRTPi DISTRICT— Beginning at the Bronx River at
the intersection of said river and the boundary line between the
city of New York and the city of Yonkers, running west of said
boundary line between the city of New York and the city of
Yonkers, to the Hudson River, along the Hudson River north
to the boundary lines of the city of Yonkers and the Town of
Greenburg, east along said boundary line to the point where
said boundary line meets the boundary lines between the towns
of Greenburg, Scarsdale, Eastchester, thence southeast along
the boundary line between the Towns of Scarsdale and East-
chester southerly along the boundary line between the town of
Eastchester and the city of New Rochelle, and along said bound-
ary line to the point where the said boundary line meets the
boundary line of the city of Mount Vernon and the Town of
Pelham, and along the boundary line between the city of New
Rochelle and the Town of Pelham and along Long Island Sound,
to the East River to One Hundred and Forty-ninth Street, in
the Borough of the Bronx, southwesterly to One Hundred and
Forty-ninth Street, through Prospect Avenue, northerly to
Prospect Avenue to Freeman Avenue, northerly on Freeman
Avenue to Southern Boulevard, northerly through Southern
Boulevard to Pelham Avenue, easterly on Pelham Avenue to
the Bronx River to the intersecting boundary line of the city
of New York and the city of Yonkers, to the point of beginning.
Twenty-Fifth District— The county of Rockland and the
County of Westchester, except that portion lying within the
city of Yonkers, the city of Mount Vernon, the Town of East-
chester and the Town of Pelham as at present constituted, shall
comprise the Twenty-Fifth District.
118
MANUAL AXD CIVIL LIST.
Biographical Sketches.
WILLIAM NELSON.
William Nelson, late of the village
of Peekskill, this county, able law-
yer, District Attorney, Member of
Assembly, State Senator, Justice of
the Court for the Correction of Er-
rors, Representative in Congress, etc.,
was born on June 29, 1784, in Clin-
ton, near Hyde Park, N. Y., the
eighth child and sixth son of Thomas
End Sara Wright Nelson.
His ancestors were of English
origin, and the first to settle in this
country came over from England
about the middle of the seventeenth
century, and established himself on
a farm in Mamaroneck, in this
countv. This farm, which was in
the vicinity of the residence of the
Heathcotes, DeLaneeys and other
prominent Colonial families, was
kept in the Nelson family for many
generations.
Thomas Nelson, the father of the
subject of this sketch, at an early
age married Miss Wright, the daugh-
ter of a respected farmer who lived
in Hanover, now Somers, in this
county. After marriage he settled
on a farm he had purchased on Crum
Elbow Creek, in Dutchess county.
His wife bore him ten children, of
whom William was the tenth. The
early years of William Nelson were
spent as rvere those of most farmers'
sons — devoting the glorious summer
time to raising crops and going to
the district school in the winter.
Later he attended the academy in
I'oughkeepsie, near by; here he ac-
quired a knowledge of some of the
higher branches of English educa-
tion, and pursued for a short time
the study of Latin. He next became
a law student in the office of Theron
Rudd, of Poughkeepsie, then an at-
torney of distinction and large prac-
tice, and kter a clerk of the District
Court of the L^nited States.
Mr. Nelson was admitted to the
Bar in 1807, and his diploma was
signed by James Kent, then Chief
Justice of the Supreme Court of the
State of New York. He migrated
on horseback to Buffalo, N. Y.,
where he contemplated establishing
himself in the practice of his profes-
sion. One of the first matters in his
professional career took him to
Peekskill, in this County, where he
contemplated staying for a few
months. He became so involved in
' legal matters that he permanently
established his office and residence
, in last named place.
! His acquaintances in the legal fra-
! ternity included the most distin-
guished which constituted the Bar of
Dutchess county. Among them were
Smith Thompson, Judge of the Su-
preme Court of the United States;
.James Talmage, afterward Lieuten-
ant-Governor of the State of New
York; Thomas J. Oaklev, afterward
Chief Justice of the Supreme Court
of New York; Gilbert Livingston,
James Emmett, Sr., who became Cor-
cuit Court Judge; Nathaniel P. Tal-
mage, later United States Senator;
James Hooker, later Surrogate of
Dutchess County, and many others.
William Nelson early identified
himself with the county's best in-
terests and soon became Peekskill 's
leading citizen. His law office had
as students men who later became
distinguished as lawyers with nation-
wide reputations; Ignited State Sena-
tor Chauncey M. Depew, Supreme
Court Justice Jackson O. Dykman,
County Judge Robert S. Hart, Calvin
Frost, J, Warren Tompkins, Francis
Larkin, David Wiley Travis and
others well known, were ever pleased
to say that they once studied law un-
der the guidance of William Nelson
of Peekskill.
In 1815 Mr. Nelson was appointed
District-Attorney for the district
composed of the counties of West-
chester, Rockland and Putnam, which
office he held until, by act of the
Legislature, in 1818, the districts
were made coterminous with the
counties. For more than twenty-five
years he was District-Attorney of
Westchester County, having been
ecmmissioned by Governors Daniel
S. Tompkins and Dewitt Clinton,
successively, and been continued in
the office many years afterward by
the Judges of the Court of Common
Pleas of the county after they be-
came empowered to make the ap-
pointment.
He was elected a Member of As-
sembly and served the upper district
of the countv in the years 1820 and
1821.
In 1823 he was elected State Sena-
WILLIAM NELSON
MANUAL AND CIVIL LIST.
119
tor and ably served the district from
1824 to 1827.
From 1824 to 1827 he also served
as a Judge of the Court for the Cor-
rection of Errors, then the highest
Court of this State.
In 1823, shortly after the adop-
tion of the new constitution, Gov.
Yates tendered him the Circuit-
Judgeship of the Second Circuit, but
he declined the same and the ap-
pointment was given to and accepted
by Samuel R. Betts, later appointed
United States District Court Judge.
In 1846, he was nominated to be
a member of the convention to re-
vise the State Constitution, but failed
to be elected, by a small vote.
In the same year, 1846, Mr. Nel-
son was nominated for Representa-
tive in Congress for the district com-
posed of the counties of Westchester
and Rockland, and was elected by a
handsome majority. He was re-
elected in 1848, and served in Con-
gress until 1851. He proved a use-
ful member, whose popularity en-
abled him to be of great service to
his home district. In Congress one
of his colleagues was Abraham Lin-
coln, of Illinois, later President of
the United States. Between these
two men a strong friendship grew
that lasted during the life of the
lamented President. "When on his
\»ay to Washington, in 1860, to be
inaugurated as President, Mr. Lin-
coln stopped at Peekskill to ^^reet
his old friend Nelson.
After retiring from Congress Mr.
Nelson devoted his time to the prac-
tice of law, and to the time of his
death was the recognized head of the
County bar.
Mr. Nelson had a singular com-
bination of legal and business abil-
ity. He was eminently sagacious
and ijractical. He was very courte-
ous in his manners, especially to the
female sex. His habits were very
simple and he was very faithful to
his friends. He had great natural
vigor and a magnetic personality that
empowered him to exercise great in-
fluence over his friends and neigh-
bors all for their benefit and for the
benefit of the community at large.
He was one of Peekskill 's foremost
citizens, insomuch that a great many
of the institutions standing to-day
are attributed to his conception or
to his public-spiritedness to acqui-
esce with other initiators. The monu-
ments standing to-day to his en-
deavors are the Peekskill Military
Academy and the Westchester County
National Bank, of which institutions
he was one of the original incorpora-
tors.
On the >)th day of February, 1812,
he was married by the Rev. Silas
Constant to Cornelia Mandeville
Hardman, the daughter of John and
Dorinda Clark Hardman. To them
were born thirteen children, eight
sons and five daughters. The fourth
child and third son, Thomas Nelson,
became distinguished as a jurist;
and the latter 's son, Thomas Nelson,
Jr., is at this writing the President
of the Village of Peekskill, and the
only survivor of this branch of the
Nelson family.
Hon. William Nelson passed away
on October 2, 1869, and his body lies
buried in the Peekskill Cemetery.
He will ever be remembered as
one of the strongest characters ever
appearing in the public life of this
county, a good specimen of the ''old
school." His influence was ever ex-
erted for good, and the world in
which he was known was made better
by his having lived.
On the announcement of his death
before the Supreme Court in West-
chester County, and on proper mo-
tion, a committee of members of the
County Bar was named by the pre-
siding Justice to prepare and pre-
sent to the Court suitable resolutions
referring to the great loss the Bar
had sustained by his demise; this
committee consisted of J. Warren
Tompkins, ex-County Judge Robert
S Hart, District-Attorney Jackson
O. Dykman, Edward R. Wells and
Francis Larkin, most of whom had
been students in Mr. Nelson's ofiice.
At a session of the Supreme Court,
Justice Tappen presiding, held on
November 22, 1869, the said commit-
tee reported appropriate resolutions
that were read by Chairman Tomp-
kins, of the committee, and which
were adopted by a rising vote, after
District-Attorney Dykman, Judge
Hart, Francis Larkin and Mr. Tomp-
kins had made addresses pertinent
to the occasion. Justice Tappen
closed the proceedings by adjourning
the Court for the day, out of respect
to the memory of the deceased dis-
tinguished member of the bar.
120
MANUAL AXD CIVIL LIST.
WILLIAM H. KOBEETSOX.
"William H. Eobertson, a former
Congressman, etc.; was born in the
town of Bedford; on October lU,
1823; a son of Henry and Huldah
(Fanton) Eobertsou. He was edu-
cated in the L'nion (or Bedford)
Academy in his native town. Studied
law in the olfice of Judge Eobert S.
Hart (the first elected County Judge
in this County); in Bedford village,
and was admitted to the bar in 1847.
In 1853 he formed a partnership
with Odle Close; also of Bedford and
who also studied with Judge Hart,
under the firm name of Close &
Eobertson, and this partnership con-
tinued until Mr. Close's death, on
November 19, 1894. They opened an
office in Mott Haven, Morrisania;
where they remained until after the
Civil War, when they removed to
White Plains, where their office was
ever after held.
His first vote was for Henry Clay
for President in 1844. He took in-
terest in politics when only seven-
teen years of age.
His first office was Town Superin-
tendent of Schools, to which lie was
elected in 1845 ; was a Member of
Assembly in 1848-49; in 1853 was
first elected a State Senator; in 1855
was elected County Judge and twice
re-elected, serving twelve years;
elected several times as Presidential
Elector; elected to Congress in 1866;
was State Senator many years, and
as often as he desired; was appointed
Collector of the Port of New York
in 1881; in 1887 he was again elected
State Senator, and re-elected, serving
until 1892, when he retired. (See
biography in volume 1, page 98.)
Mr. Eobertson died at his home in
Bedford in 1898.
BENJAMIN L. FAIRCHILD.
Benjamin Lewis Fairchild. a for-
mer Representative in Congress, w^as
born on January 5, 1863, in
Sweden, Monroe County, N. Y., a
son of Benjamin and Calista
(Schaeffer) Fairchild, and is of Eng-
lish and German descent. The Fair-
childs originally settled in Connec-
ticut at an early period, the family
name spreading throughout the
country from that point. The Ameri-
can ancestor on the maternal side
came over in Wolfe's army in Revo-
lutionary days, settled and married
in New York, had one child, a son,
who also had but one son, Jacob
Schaefler, the grandfather of Benja-
min L. Fairchild. The latter 's father
at the outbreak of the Civil War, en-
listed as a private and served through
the entire war, at the close of which
he had suffered the loss of both
property and health. He was se-
verely wounded during the campaign
of the Wilderness. This change in
circumstances at the close of the war
necessitated the removal of the fam-
ily to Washington, D, C, where Ben,
then two years of age, the youngest
of three children, was reared and
educated. At the age of thirteen he
had finished the course in the public
schools. For nine years following
until 1885 he was employed in Gov-
ernment departments, during which
period he completed a business col-
lege course. After graduating from
the business college, he entered the
law department of Columbian Uni-
versity, graduating in 1885 with
the degree of LL. M., having pre-
viously received the degree of LL.
B. ; he then resigned his position in
the Treasury Department, and was
admitted to the Washington Bar.
Desiring a broader field he re-
moved to New" York in 1885; after
spending a year in the office of
Henry C. Andrews, he was admitted
to the New York State Bar. in May,
1886. Entering the law office of
Ewing & Southard, he became a
member of the firm in 1887, under
the firm name of Ewing, Southard
& Fairchild; General Thomas Ewing,
and Hon. Milton I. Southard, the
senior members of the firm, being
former Representatives in Congress
from Ohio; in 1893 Gen. Ewing re-
tired and the firm name became
Southard & Fairchild. Mr. South-
ard having died, ]\Ir. Fairchild is
now alone in his law practice, with
offices in New York city.
In 1893 he became a resident of
Pelham, in this County, where he yet
resides and where he owns a con-
siderable quantity of land. To him
more than to any other person, prob-
ably, Pelham owes its present de-
velopment into a delightful residen-
tial section of the County. Under
his immediate supervision home parks
were laid out and paved and macada-
mized streets were constructed, mak-
', ^CJ- tC^£./jCZ. .
• .i:^^C7."42'- /'/^y^
'iXU^ /€ /ct{yUll<fvt
- -SS'"
■. LlBi
lo-^*-
i.*
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\^S^^&^
tot
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MANUAL AND CIVIL LIST.
121
ing the town inviting to people seek-
ing choice country homes near New
York city.
In 1893 he was an unsuccessful
Eepublican candidate for Delegate
to the State Constitutional Conven-
tion; he carried Westchester County,
but the Democratic majority in the
New York city annexed district was
too great to be overcome.
In 1894 he was nominated by his
party for Kepresentative in Congress.
Though the district was normally
Democratic, he carried it as a Ee-
publican by fifty-five hundred major-
ity over a popular opponent, who
was elected two years previously by a
majority of sixty-five hundred. His
career in Congress reflected honor
upon his constituents as well as upon
himself, and it was generally re-
gretted when he retired from public
life to devote his time solely to his
chosen profession.
In the chapter relating to '^Mem-
bers of Congress, ' ' commencing on
page 94, 97-8-9, reference is made to
Mr. Fairchild.
Mr. Fairchild 's legal practice at
present requires all his time, leav-
ing him not even * * spare moments ' '
of relaxation to enjoy the game of
politics. Recently the interests of
clients called him to Europe, and fre-
quently he is called to serve his cli-
ents in all parts of the country.
He was married in February, 1893,
to Miss Anna Crumble, who died, in
1902, daughter of the late James
and Ann E. Crumbie, an old New
York family, and has one child, a
son, Franklin Crumbie Fairchild.
WILLIAM L. WARD.
William Lukens Ward, former
Representative in Congress, a Re-
publican elector, member of Repub-
lican National Committee for State
of New York, Chairman Westchester
County Republican Committee.
Was born just over the New York
State line in the borough of Green-
wich, Conn., on September 2, 1856,
a son of William E. and Tacy
(Lukens) Ward. He was educated
at the Friends' Seminary, New York
city. He is a Quaker, a man of
peace — and peace he will have even
if he has to fight for it. His father
was born in Camden, N. J.
After securing a good preliminary
education, he entered Columbia Col-
lege. As he was an athlete in his
younger days, especially fond of
Daseball, his abilities were recog-
nized when he entered college. He
played on football team during his
four years at college.
His father, associated with the
firm of Russell, Birdsail & Ward,
was extensively engaged in the manu-
facture of bolts, etc. The son en-
tered his father's factory, and
served his time as machinist.
Later in 1S82, with the assistance
of his father, young Ward, associ-
ated with others who like himself
had learned the trade in Ward, Sr's
factory' started a similar factory in
Port Chester. From the start the
new factory proved a success and to-
day is a leader in the trade. Mr.
Ward has an enviable reputation of
being a kind and generous employer;
men enter his employment when they
are young and remain when they are
gray, and until they can work no
longer. He is considerate and just,
and by being so has earned the high
regard of his employes.
Having first demonstrated that he
was a good business man, he was en-
titled in the way of recreation, to
turn his attention in another direc-
tion. In the early eighties he be-
gan taking an active interest in poli-
tics. Heretofore he frequently
looked at things political as did his
father, who was a lifelong Demo-
crat, who opened his residence for
the holding of the first Democratic
caucus ever held in that locality.
The time was, not many years past,
when it was quite fashionable to be
a Democrat in the town of Rye, when
the town gave a majority of three
hundred or more to the Democratic
party. That this custom has changed
is owing greatly to the exertions of
the present Mr. Ward.
Mr. Ward became the successor of
Mr. Lounsbury and, his ability being
recognized by his colleagues on the
County Committee, he was rapidly
advanced until in 1894 he was chosen
to fill the position of chairman of
the Westchester County Republican
Committee, a place held by Judge-
Senator Robertson for about thirty
years.
Prior to this, in 1896, he reluc-
tantly consented to become a candi-
122
MAXUAL AND CIVIL LIST.
date for Congress. One term was
sufficient; he declined a re-election;
his business, rapidly growing,
needed his undivided attention at
home. Politics as a recreation might
be well enough, but as a business —
never. His stay in Congress was
pleasant; he was given place on
some of the more important com-
mittees, and he made many valuable
acquaintances of men who are now
classed among his most esteemed
friends.
In Congress Mr. Ward introduced
and had passed the bill for the forty
foot channel, now called the Ambrose
Channel, in Xew York Harbor. Pub-
lic credit has always been given to
others, but the records show that Mr.
Ward introduced and had passed this
important measure.
He was elected a Presidential Elec-
tor in 1896.
That he is a member of the Na-
tional body in his political organiza-
tion is a special honor justly appre-
ciated by him. He has held this po-
sition eight years.
He is not an office seeker for his
own benefit, therefore he is a suc-
cessful political leader. He recog-
nizes the fact that no leader can be
a success in Westchester County who
tries to further his personal inter-
ests. He must absolutely close every
avenue that might bring him gain.
His strength with the people lies
in working for the party and be-
ing straight and making his word
as good as his bond. Relating to
his own position as leader, Mr. Ward
recentlv said in an interview, ' * In
some counties a leader has been suc-
cessful by imposing upon the loyalty
of his friends to advance his own in-
terests, but he has not lasted long.
Often my friends have come to me
and wanted me to be a director of
this or that institution. It is all
perfectly legitimate business and I
could have made considerable money,
but in every case I have refused to
have anything to do with them. An-
other requisite for a leader is that
he must have the confidence of the
people. It takes time to get this,
but after a man proves himself it
is his greatest asset."
Mr. Ward practices what he
preaches, and proves that a success-
ful business man can be a successful
political leader. Certainly the Re-
publicans of Westchester County are
fortunate in having him for leader.
Mr. Ward was married September
15, 1880, to Miss Madge Leland,
daughter of Warren Leland, of
Long Branch. Four children have
blessed this union; two sons, Evans
and Warren, and two daughters,
Dorothy and Winifred. The sons are
learning the trade of grandfather
and father.
JOHN Q. UXDERHILL.
John Quincy Underhill, a former
Congressman, etc., was born in the
town of New Rochelle, on February
19, 1848, a son of George W. L. and
Julia Ann (Barker) Underhill.
He held numerous political offices
in his native town and village.
Was Village Trustee in 1877, and
was Village President in 1878 and
was re-elected; in 1880 was elected
a Town Auditor; for several years
was a member of the Board of Edu-
cation; for ten years was president
of Commissioners of Sewers and
Drainage of the village of New Ro-
chelle.
Was elected Representative in Con-
gress in 1898.
At the time af his death he was
vice-president and treasurer of the
Westchester Fire Insurance Com-
pany. (See biography, page 232,
volume 1.)
Mr. Underhill died May 21, 1907.
CORNELIUS A. PUGSLEY.
Hon. Cornelius Amory Pugsley
was born about fifty-five years ago at
Peekskill, a thriving Westchester
County town, even m the days of the
Revolution, when it was a base of
supplies and a center for the mob-
ilization of troops for the Continen-
tal Army. His maternal grandfather
was Cornelius Meeker, a son of Ben-
jamin Meeker (a soldier of the Revo-
lution), and a descendant of William
Meeker, a founder of the town of
Elizabeth, N. J., who was supposed
to have come to Massachusetts Bay
about 1630; and his father's Ameri-
can ancestor was James Pugsley, who
came from England about 1680 and
settled in Pelham Manor, Westches-
ter County. The great-grandfather
of Mr. Pugsley, Samuel Pugsley, a
WILLIAM L. WARD
JOHN E. ANDRUS
MANUAL AND CIVIL LIST.
123
soldier in the Kevolutionary War,
married Elizabeth Drake, daughter
of Jeremiah Drake, a brother of
Colonels Samuel and Gilbert Drake,
who commanded Westchester County
regiments in the Continental Army.
When a young man, Mr. Pugsley
entered the Westchester County Na-
tional Bank at Peekskill, in a cleri-
cal position, and is now President of
this well known institution, which is
one of the oldest and strongest of
the financial institutions in the
State. He was made the first chair-
man of Group VII of the New York
Bankers' Association when it was or-
ganized, and has twice been elected
a member of the Executive Council
of the American Bankers' Associa-
tion, and is well known in banking
circles throughout the United States.
Mr. Pugsley is greatly interested
in the patriotic work oi the Sons of
the American Revolution, and has
been President of the Empire State
Society, S. A. R., and Treasurer-
General, Vice-President-General, and
President-General of the National
Society, lie is also an honorary
member of the John A. Dix Post,
G. A. R., of New York; honorary
member of the Harris Light Cavalry
Association ; a member of the Patria
Club, of New York City; of the
New England Society, the Chamber
of Commerce, of New York, and
many other organizations.
At the time of the Tercentenary
celebration oi the discovery of the
Hudson, he was one of the original
commissioners, and served upon many
of the committees.
Mr. Pugsley has travelled exten-
sively both abroad and in this coun-
try. He enjoys an enviable reputa-
tion as an orator and after-dinner
speaker, and has been the orator
of the day at prominent commemor-
ative celebrations, and among the
principal speakers at National and
State Bankers' conventions and other
large gatherings.
While always interested in poli-
tics and public affairs, he was never
a candidate for ofiice until the fall
of 1900, when he was elected to the
57th Congress from the old XVIth
District of New York, including his
native County, then possibly the larg-
est in point of population of any
Congressional district in the United
States. Upon the convening of Con-
gress in December, 1901, his ability
and knowledge of financial matters
was recognized by the Speaker of
the House, and he was honored with
an appointment on the Banking and
Currency Committee. At the close
of the Congress, the Speaker re-
ferred to him in a magazine article
as one of the best informed Demo-
crats in the House on financial mat-
ters.
Mr. Pugsley has been a delegate
at State conventions; in 1904 he
was the choice of his County for
nomination as Democratic candidate
for Governor, and in 1908 was a dele-
gate to the national convention in
Denver, being at that time one of the
Eastern men who was prominently
mentioned for the Vice-Presidency.
JOHN E. ANDRUS.
John Emory Andrus, Congress-
man, former Mayor, etc., was born
in Pleasantville, this County, on
Februarv 10, 1841.
He was fitted for college at Char-
lotteville Seminary, Schoharie Coun-
ty, N. Y. ; was graduated from Wes-
leyan University, Middletown, Conn.,
with the degree of A. B. in the class
of 1862 ; taught school in New Jersey
for four years.
He came to Yonkers when quite a
young man. Engaged in the manu-
facture of medicinal preparations,
which business he still continues in
his home city of Yonkers; is presi-
dent of the New York Pharmaceu-
tical Association and of the Palisade
Manufacturing Company; treasurer
of the Arlington Chemical Company;
trustee of Wesleyan University;
treasurer of the Ocean Grove (N. J.)
Association; trustee New York Life
Insurance Company, and officer in
other associations.
Was elected Mayor of Yonkers
in 1903; was first elected to Con-
gress in 1904 and re-elected in the
years 1906, 1908, 1910, serving in
the Fifty-ninth, Sixtieth, Sixty-first
and Sixty-second Congresses.
In the Sixty-second Congress, 1911,
Congressman Andrus was named as
the ranking minority member of the
Committee on Public Buildings and
also as a member of the Committee
on Irrigation.
During his career in Congress he
has done much to benefit his con-
stituents. Secured liberal appropria-
124
MANUAL AND CIVIL LIST.
tions for river improvements and for
erection of Post-office buildings
amounting to over a million dollars.
Congressman Andrus is known to
be a liberal contributor for the main-
tenance of public institutions and
charities; he is credited with provid-
ing funds for the construction of a
new principal building for the col-
lege from which he was graduated.
He has been a large contributor to
the Methodist Church building fund
and he recently subscribed $50,000
to a fund to aid ministers of the
gospel connected with the Methodist
Church.
Congressman Andrus' wife died in
January, 1910. He has seven chil-
dren, three sons and four daughters.
The eldest son, William, is in busi-
ness with his father. One daughter
is the wife of former State Senator
Frederick M. Davenport of Onondaga
County, N. Y.
ITEMS OF INTEREST.
The Chamber of Commerce of Westchester County was duly
incorporated by certificate signed by a Justice of the Supreme
Court, in 1909.
Judges in this County have never worn gowns when sitting
on the bench, in fact they have always sho^Ti strong aversion
to wearing same.
In October, 1911, members of the Westchester County Bar
Association presented to Supreme Court Justice Martin J.
Keogh a life-like painted portrait of himself. The presentation
being made at the home of the Justice, in New Rochelle.
The Westchester County Volunteer Firemen's Association is
an active society whose large membership is united for the gen-
eral good of the firemanic fraternity. It has already lived
many years of usefulness.
Washington's first inauguration took place in New York city,
and his second in Philadelphia. John Adams in Philadelphia;
Jefferson and the Presidents following, elected by the people,
were inaugurated in Washington, D. C.
A life-size portrait, painted in oil, of former County Judge
Silas D. Gifford, who served from 1872 to 1884, was presented
in October, 1911, to the County by his relatives ; the portrait is
to hang in the County Court Chambers alongside of the por-
traits of other Judges who sat in that Court.
OUR COURTS. NATIONAL AND STATE.
{Continued from Folurne 1.)
The Supreme Court of the United States was organized, pur-
suant to a law enacted by Congress, in the year 1789, known
as the Judicial Act, and at first was composed of one Chief
Justice and five Associate Justices. Since that time changes
have been made in the organization of the Court as necessity
has required, and it is now composed of one Chief Justice and
nine Associate Justices. All of these judges are appointed by
the President, and, with good behavior, hold their respective
offices for life; they can be removed by impeachment proceed-
ings only. The Court holds daily sessions, Saturdays and Sun-
days excepted, in the Capitol building in Washington, D. C,
commencing in October of each year and continuing until the
month of May, when it adjourns until the ensuing October.
During the first years of its existence, the Supreme Court had
but little work to do, and for many years not more than twenty-
five cases were pending before it each year; but within the last
half of a century the business of the Court has increased enor-
mously. At the present time cases disposed of annually run
up into the thousands. The United States Supreme Court
stands at the head of the judicial system, and its decisions are
final.
The judicial power of this Nation is now vested in one
Supreme Court and in such inferior courts as Congress may,
from time to time, establish. Under the power thus given to
establish courts, Congress has created the Circuit Court of
Appeals, the Circuit Court and the District Court, which, speak-
ing generally, comprise our judicial system, but in addition to
these there are also the Court of Claims, created by act of Con-
gress in 1891, the Supreme Court of the District of Columbia,
the Territorial Courts, the Court of Customs Appeals, and the
Commerce Court, created by act of Congress in 1909.
That judges may be secure in their tenure of office and free
from all influences which would tend to hinder them in the
impartial discharge of their duties, the appointment is for life,
provided the incumbent properly performs the duties of his
125
126 MANUAL AND CIVIL LIST.
office. The Constitution also provides that the judges shall
receive for their services a compensation which shall not be
diminished during their continuance in office. Thus it appears
that these two provisions place a judge of a Federal Court in
an absolutely independent position, the first giving him prac-
tically a life tenure in office, and the second guaranteeing him
an income which cannot be diminished.
The suggestion that judges be made subject to " recall," if
their views do not coincide with those of the majority, should
be defeated most positively.
As the result of the English Revolution of 1688, it was
decreed that judges should no longer hold office at the pleasure
of the Crown but during good behavior. It was written into
the Constitution of the United States that judges should hold
office during good behavior. In the State constitutions the same
provision is made even when the judges are elected. They hold
office for the term for which they were chosen, or during good
behavior, and bad behavior is to be determined by the orderly
processes of impeachment.
The Federal Courts deal only with cases coming within the
scope of the enumeration contained in the second section of
the third article of the Constitution, and these courts must not
be confused with the courts which form a part of the govern-
ment of each of the States, in which the ordinary disputes
between citizens are settled.
So much has been written in praise of the judicial system
of our government that it is difficult to find language which will
exceed in the extravagance of its terms the utterances of dis-
tinguished writers in Europe and America upon this subject.
One writer, in speaking of the United States Supreme Court,
says:
" No product of government, either here or elsewhere, has
ever approached it in grandeur. Within its appropriate sphere
it is absolute authority. From its mandates there is no appeal.
Its decree is law. In dignity and moral influence it outranks
all other judicial tribunals of the world. No court of either
ancient or modern times was ever invested with such high pre-
rogatives. Its jurisdiction extends over sovereign States, as
well as the humblest individual. It is armed with the right,
as well as the power, to annul in effect the statutes of a State
whenever they are directly against the civil rights, the con-
tracts, the currency or the intercourse of the people.
MANUAL AND CIVIL LIST. 127
'' Secure in the tenure of its judges from the influence of
politics and the violence of prejudice and passion, it presents
an example of judicial independence unattainable in any of the
States and far beyond that of the highest court in England.
Its judges are the sworn ministers of the Constitution and are
the high priests of justice. Acknowledging no superior, and
responsible to their consciences alone, they owe allegiance to the
Constitution and to their own exalted sense of duty. No insti-
tution of purely human contrivance presents so many features
calculated to inspire both veneration and awe."
Another writer on the subject says: " In ancient and
medigeval times, the courts of law were instruments of oppres-
sion and injustice quite as frequently as they were a protection
to the rights of individuals, but in the judicial system of the
United States we find that the framers of the Constitution
secured results which had before that time existed only in the
theoretical and speculative writings of philosophers.
" By the creation of the United States Supreme Court there
was effected a practically complete separation of the legislative-
executive and judicial departments of the government, a condi-
tion to which we have now become so accustomed as to render
it difficult for us to realize to what extent the few paragraphs
of the Constitution producing this result have excited the admira-
tion of political and philosophical students."
John Jay, w^ho spent his youth and many years of his useful
life as a resident of AVestchester County, and after his retire-
ment from public office lived (and died) on his estate in Bed-
ford, one of the townships of this county, was the first Chief
Justice of the United States, receiving his appointment from
President Washington. When Justice Jay resigned, in 1796,
to take up diplomatic duties in Europe, President Washington
nominated Associate Justice William Cushing, of Massachu-
setts, to fill the vacancy; Justice Cushing, however, declined
the appointment, preferring to remain as Associate Justice to
being the Chief Justice. Cushing remained as Justice until
1810.
In looking about for a suitable person to succeed Justice Jay,
President Washington selected John Rutledge, of South Caro-
lina. Rutledge had declined in 1789 to accept appointment as
an Associate Justice, but later was willing to become Chief
Justice. President Washington commissioned him during a
recess and he presided over the court at the summer term, but
128 MANUAL AXD CIVIL LIST.
his nomination was rejected by the Senate the next winter. It
would appear that for the reason he would not serve when he
was wanted at the early date, the Senate did not want him
when he was willing to serve.
Not since Justice Gushing 's day, until 1910, has a President
nominated an Associate Justice for the Chief Justiceship. Asso-
ciate Justice Field felt sure that President Cleveland would
elevate him, in 1888, to succeed Chief Justice AYaite. Instead,
President Cleveland selected Melville AY. Fuller, who was then
55 years of age.
In 1910 President Taft broke the rule, by advancing an
Associate Justice to the Chief Justiceship, when he appointed
Associate Justice Edward D. AYhite, of Louisiana, to be Chief
Justice. At the time of his last appointment Justice AYhite
was sixty-five years of age. In politics the new Chief Justice
is classified as a Democrat. Ability, not politics, was considered
when President Taft made the selection.
Oliver Ellsworth, of Connecticut, was nominated for Chief
Justice, after Rut] edge, in 1796, and he served four years. John
Marshall, of Virginia, was appointed to this office in 1801, and
he held it 31 years; Roger B. Taney, of Maryland, held it 28
years ; Solomon P. Chase, of Ohio, held it nine years ; I\Iorrison
E. AYaite, of Ohio, held it 14 years; Melville W. Fuller, of Illi-
nois, held it 22 years.
Of the recent-day judges. Chief Justice Melville AY. Fuller,
of Illinois, appointed by President Cleveland in 1888, was born
in 1833, and served on the bench twenty-two years ; Justice John
M. Harlan,* of Kentucky, a soldier and statesman, appointed
by President Hayes in 1877, was also born in 1833, and is now
77 years of age, and has served thirty-three years on the bench;
Justice David J. Brewer, of Kansas, appointed by President
Benjamin Harrison in 1889, was born in 1837 and died in 1910,
after serving twenty-one years; Justice Edward D. AYhite, of
Louisiana, appointed bj^ President Cleveland in 1891, was bom
in 1845, and has served seventeen years; Justice Rufus W.
Peckham, of New York, appointed by President Cleveland in
1895, was born in 1838, died in 1909, after serving fourteen
years on the bench ; Justice Joseph McKenna, of California,
appointed by President McKinley in 1898, was born in 1843,
and has served twelve years ; Justice Oliver AY. Holmes, of Massa-
chusetts, appointed by President Roosevelt in 1902, was bom
* Justice Harlan died in October, 1911.
MANUAL AND CIVIL LIST. 129
in 1841, has served eight years; Justice AYilliam R. Day, of
Ohio, appointed by President Roosevelt in 1903, was born in
1849, and has served seven years; Justice AVilliam H. Moody,
of Massachusetts, appointed by President Roosevelt in 1906,
was born in 1853, has served four years.
The terms of Justices Taney, Marshall, David Davis, of New
York, and Harlan overlappino-, with the exception of a gap of
one year in 1835-6, cover the life of the Republic from the end
of John Adams's term as President in 1801 to the present
day.
It is not strange that every lawyer looks upon a place upon
the United States Supreme Court bench as the summit of his
profession; that President Taft, who was a Circuit Justice,
turned with regret from it when he accepted a place in the
Cabinet of President Roosevelt, and that great lawyers who in
private practice could earn many tiiiR's the judicial salary, who
are fitted to connnand and framed to enjoy social amenities of
the highest order, are more than willing to devote their time
exclusively to the duties of the Court, and that lawyers of the
highest standing are frequently mentioned as willing candidates
for appointment to this coveted judgeship without thought of
the possibility of their refusal to accept.
It has always been the popular assumption that no person
has ever declined the offer of the Chief Justiceship. But the
popular belief is erroneous. United States Senator Roscoe
Conkling, of this State, declined it when offered to him by
President Grant in 1874; John G. Carlisle, of Kentucky, at the
time he was Speaker of the House of Representatives, declined
when President Cleveland offered it to him in 1888.
It is a venerable bench. The average term of United States
Supreme Court Justices has been fifteen years, but many have
passed that post and continued valuable services for longer
periods.
Chief Justice Taney lived to be 89 years old, and served
twenty-eight years ; Justice Gabriel Duval reached the ripe age of
92 years, serving twenty-five years ; Justice William Strong, who
was 87 when he died, served ten years; Justice John Marshall
died when 80 years old, and after he had served thirty-four
years on the bench; Justice Joseph Story, who died aged 86
years, served thirty-four years on the bench; Justice Stephen
J. Field served thirty-four years and died in his 83d year ; Jus-
tice Bushrod AYashington served thirty-one years, and died when
130 MANUAL AND CIVIL LIST.
89 years old; Justice Noali Swayne died when 80 years old,
serving thirty years: Justice AYilliam Johnson was on the bench
thirty years, dying at the age of 83 years ; Justice Samuel Nelson
died at the age of 81 years, serving twenty-nine years; Justice
MacLean served on the bench thirty-two years, and died at the
age of 85. Justice AVayne, who lived to be 87 years old, also
served thirty-two years.
As a general rule, an appointment of Justice of the United
States Supreme Court by the President is promptly confirmed
by the United States Senate, but there has been one or more
exceptions. An instance of this kind is recalled ; in the year
1894 certain Senators took exceptions to the nomination of a
noted lawyer from New York, on political grounds only, claim-
ing that he did not sufficiently represent the political party to
which he was credited. The President finally withdrew the
nomination and substituted another, taking the latter from a
different State.
The death of Justice Rufus W. Peckham, in 1909, left for a
time New York State without a Justice on the United States
Supreme Court bench.
President Taft, on December 13, 1909, nominated, and the
Senate confirmed the appointment of, Horace H. Lurton, of
Tennessee, as an Associate Justice, to fill the vacancy caused by
the death of Justice Rufus W. Peckham, of New York. Mr.
Lurton was born in 1844.
On March 28, 1910, another vacancy occurred, caused by the
death, on that day, of David Josiah Brewer, Associate Justice.
He was found dead in his bathroom at his home in Washington ;
physicians announced that he had died suddenly of apoplexy.
He was born on June 20, 1837, in Smyrna, Asia Minor, where
his father was a pioneer missionary. The family came from
Massachusetts; at the time of his appointment he was credited
to Kansas.
The full number of Justices is nine, when the bench is full.
The death of Justice Brewer reduced the active court to seven;
Justice Moody being ill and confined to a hospital. In 1910
Congress passed a special act providing that in case Justice
Moody resigned, within a certain period, his full salary be paid
him for life.
Chief Justice Melville W. Fuller died in July, 1910, at the
age of 77 years. As a general thing, Justices of the United
States Court have not been over-burdened with wealth; in fact,
MANUAL AND CIVIL LIST. 131
they were never over-paid for their services. Their salary being
less than a Supreme Court Justice in our own Ninth Judicial
District. Chief Justice Fuller was a wealthy man before his
appointment ; at his death his estate was estimated to amount
to nearly $1,000,000.
President Taft, on April 25, 1910, nominated for an Asso-
ciate Justice, Charles E. Hughes, then Governor of the State
of New York. The Senate promptly confirmed, and Gov.
Hughes was appointed. On October 1, 1910, Mr. Hughes
resigned the office of Governor and took his place upon the
bench. At the time of appointment, Gov. Hughes was 45 years
of age.
During the years 1909 and 1910, President Taft named, as
well as a Chief Justice, four new Associate Justices, former
Governor Hughes, of New York, Mr. Lurton, of Tennessee,
Willis Van Devanter, of Wyoming, and Joseph R. Lamar, of
Georgia. Lurton, Van Devanter and Lamar, at time of appoint-
ment, had already high rank as Judges.
In 1910, Justice Moody, owing to ill-health, was retired with
pay by special act of Congress.
In 1911, as reconstituted by President Taft, the Supreme
Court of the Ignited States is made up of six nominal Repub-
licans—Harlan, McKenna, Day, Holmes, Hughes and Van
Devanter, and three nominal Democrats— AVhite, Lurton and
Lamar. Edward D. White, of Louisiana, the new Chief Jus-
tice, has been a member of the court since 1894.
While the history of the court shows that partisanship has
rarely appeared in its councils, Mr. Taft has revealed in the
four selections that he has made and in the elevation of Justice
W^hite admirable wisdom and tact in consulting legitimate sec-
tional and political preferences. By conferring the Chief Jus-
ticeship upon a Louisiana Democrat he gives to the South the
greatest national honor that it has received since the Civil
War.
In less than two years it has been President Taft's high
privilege to name more members of the court than any other
President except Washington and Lincoln.
A new United States Court, to be known as the Commerce
Court, was created by act of Congress.
With the appointment, in 1910, of judges who are to preside
in this new court the national judiciary, as recently enlarged,
became complete.
132 MANUAL AXD CIVIL LIST.
On the formation of the Government there were only the
Supreme Court and the District Courts. For many years the
Justices of the Supreme Court acted as Circuit Judges. When
this service became burdensome the United States Circuit Court
was established, and in time, for the purpose of relieving the
Supreme Court still further, the United States Court of Appeals
was created, the various Circuit and District Judges presiding.
The United States Court of Claims, Avhich sits only in AVashing-
ton, was founded quite as much for the purpose of removing
responsibilities from Congress as to assist the older courts
alreadv overloaded.
The Coramerce Court and the Court of Customs Appeals are
in part the result of a conviction that the regular courts have
too much to do and in part a response to the fact that the Inter-
state Commerce Commission and the Custom House authorities
have been exercising too much judicial power. The Judges of
the Commerce Court will eventually be Circuit Judges desig-
nated by the Supreme Court for this service.
In the Commerce Court the disagreements between railroads
and shippers will be heard and settled. To the Court of
Customs Appeals will be carried all the differences growing
out of the administration of the tariff law that cannot be
adjusted elsewhere. Both of these tribunals are charged with
duties requiring on their part highly specialized and technical
knowledge.
CIRCUIT COURT AND DISTRICT COURTS.
Justices of the Circuit Court of the United States, Second
Circuit, of which Westchester County is a part, are as follows:
E. Henry Lacombe, appointed in 1887
Alfred C. Coxe, appointed in 1902
Henry G. Ward, appointed in 1907
Walter C. Xoyes, appointed in 1907
Justices of the District Court of the United States, Southern
District, State of New York, of which AVestchester County is
a part, are as follows:
George B. Adams (died 1911), appointed in. . . . 1901
George C. Holt, appointed in 1903
Charles 'M. Hough, appointed in 1906
Learned Hand, appointed in 1909
MANUAL AND CIVIL LIST. 133
Westchester County unites with the counties of New York,
Dutchess, Orange, Putnam, Rockland, Greene, Columbia, Ulster
and Sullivan in forming the Southern United States Judicial
District. Terms of court are held in the General Post-Office
building in New York City.
No resident of Westchester County has ever been favored
with an appointment as a Justice of this Court; most, if not
all, of such appointments made by the President of the United
States have gone to residents of New York County.
The salary of the Chief Justice is $13,000 per annum; Asso-
ciate Justice, $12,500. The salary of a Circuit Justice is $7,000
per annum ; the salary of a District Justice is $6,000 per annum ;
the United States Court of Claims Chief Justice receives $6,500
per annum, and the Associate Justices $6,000.
STATE SUPREME COURT.
(Continued from page 37, Vol. 1.)
The new Constitution, adopted in 1891:, completely changed
the judicial system of the State. The most notable changes
were its elevation of the Supreme Court in rank ; and the lessen-
ing of the amount of work thrown upon the Court of Appeals.
Thus the Court of Appeals was confined to questions of law,
and a new court was created, known as the Appellate Supreme
Court, to deal with questions of fact. Justices of the Supreme
Court to be designated by the Governor to act as Justices of this
Court. The new Constitution provided that this change in the
judiciary system should not go in effect until January 1, 1896.
The new Constitution made the following important provisions :
Providing for the trial of impeachments when preferred by the
Legislature or the Governor. This Court of Impeachment will
consist of the Lieutenant-Governor, the State Senators and the
Court of Appeals.
For a Court of Appeals, consisting of a Chief Judge and six
Associate Judges, elected by the people of the whole State, to
hold their offices for the term of fourteen years. The salary
of the Chief Judge is $10,500, and of the Associate Judges
$10,000, with an allowance of $2,000 each for expenses. This
Court is to have jurisdiction to hear and determine appeals from
the orders or judgments of the Appellate Division of the
Supreme Court, and, except where the judgment is of death,
it is limited to the review of questions of law.
134 :maxual axd civil list.
The Appellate Division, in any department, may allow an
appeal upon any question of law which, in its opinion, ought
to be reviewed by the Court of Appeals. The Constitution also
says: " No unanimous decision of the Appellate Division of
the Supreme Court, that there is evidence supporting or tend-
ing to sustain a finding of fact, or a verdict not directed by the
Court, shall be reviewed by the Court of Appeals, except where
the judgment is of death." The Legislature is authorized to
further restrict the jurisdiction of the Court and the right to
appeal thereto : but the right of appeal is not to depend on the
amount involved.
The new Constitution abolished Circuit Courts and Courts of
Oyer and Terminer, and provided that after December 31, 1895,
their jurisdiction be vested in the Supreme Court. The State,
the new Constitution says, is to be divided into four judicial
departments. The first, composed of New York County, and
the others, to be divided by the Legislature, must be bounded
by county lines, and be compact and equal in population as
nearly as may be. Judicial departments, according to the Con-
stitution, may be altered once in ten years, but without increas-
ing the number. The Appellate Division of the Supreme Court
shall consist of seven Justices in the first department and five
in each of the other departments. (Westchester County is in
the second department of the Appellate Division.) Under the
new Constitution, General Terms of the Supreme Court were
abolished and their jurisdiction transferred to the Appellate
Division. Justices of the Supreme Court are elected for a term
of fourteen years. A Justice whose term of office has been
abridged by limitation of age may, with his consent, be assigned
by the Governor to any duty in the Supreme Court, while his
compensation is continued.
The Constitution of 1894 provided that ''the Legislature may
erect out of the Second Judicial District as now constituted,
another judicial district and apportion the Justices in office
between the districts, and provide for the election of additional
Justices in the new district not exceeding the limit herein pro-
vided." In accordance with this provision, the Ninth Judicial
District, of which Westchester County is a part, was erected.
Justices of the Supreme Court are prohibited, by the Consti-
tution, from holding any other office or place of public trust ;
from exercising any power of appointment to public office, and
from practicing as attorney or counsellor, or acting as referee.
MANUAL AND CIVIL LIST. 135
They are removable by concurrent resolution of both Houses
of the Legislature, if two-thirds of all the members elected to
each branch concur therein.
Back of fifty years ago, during the continuance of the former
Judicial District (when Westchester County was combined wdth
the County of Kings and other counties composing the district),
as a rule Westchester County received little or no consideration
when it came to selecting men to fill the office of Justice of the
Supreme Court. Up to 1859 Westchester County stood modestly
back, and the bigger county of Kings, with delegates to nomi-
nating convention overpowering in number, confiscated all the
Judgeships. In that year, through the infiuence of Hon. Thomas
Smith, who was then the local Judge, as well as editor and owner
of the Yonkers Herald newspaper, and recognized Democratic
leader of Yonkers, it was agreed to give Westchester County
recognition long delayed. Judge Smith was specially honored
by being permitted to name his choice, with the expressed under-
standing that such choice would be duly ratified. Much to the
surprise of the gentleman selected, the Judge named William
W. Scrugham, of his own town of Yonkers. The selection was
not made on personal grounds, but owing solely to the belief
that Mr. Scrugham, who stood well as a representative of the
Westchester County bar, was well equipped for the office and
would fill the place most acceptably to citizens generally, regard-
less of politics. The nomination of Mr. Scrugham was made
unanimously. Judge Smith presenting his name to the Judicial
Convention ; his election follow^ed, by a large majority. The
writer of this was present when Mr. Scrugham sought an inter-
view with Judge Smith, and heard him tell the Judge that he
was under everlasting obligation to him, and to him alone, for
his selection as a candidate for Justice of the Supreme Court,
and asked why he was so particularly favored, when he had no
political claim upon the Judge; it w^as then that the latter
related to Mr. Scrugham the reason for it, of his belief that the
people demanded of every political party the nomination of the
best men obtainable to hold public office and discharge public
trusts; men responsible for nominations should not be influ-
enced by personal considerations; w^hat would serve the people
best should be first thought of.
Justice Scrugham 's career on the bench justified Judge
Smith's good opinion of him. The election of Scrugham was
136 MANUAL AND CIVIL LIST.
that of the first Justice of the Supreme Court elected from this
county, but not the last. Next came, in 1867, the election of
Abraham B. Tappen, of Fordham, and later of Tuckahoe,
Yonkers ; then followed the first election of Jackson 0. Dykman,
of White Plains, in 1875, who was re-elected fourteen years later,
in 1889 ; and finally, in the old district, in 1895, came the elec-
tion of Martin J. Keogh, of New Rochelle, who is still on the
bench, having with great credit served fourteen years, and who
was unanimously re-elected in 1909 in the new district.
At the termination of Justice Tappen 's eight years' term of
office, in 1875, he was a candidate to succeed himself; he was
renominated by the Democratic Judicial Convention, with every
prospect of re-election. From causes not necessary to enumerate,
a formidable opposition to Justice Tappen had sprung up
within the Democratic party. This opposition, while not power-
ful enough to prevent Tappen 's renomination, was of sufficient
strength to justify the holding of a Convention and the nomi-
nating of an independent Democratic candidate for Supreme
Court Justice. Such a convention was held, in September, 1875,
in Brooklyn. Of the willing aspirants, the choice fell upon
Jackson 0. Dykman, of White Plains, who just previously had
served a term as District-Attorney of W^estchester County. The
Republican Judicial Convention, held nearby, realizing it impos-
sible to elect an out and out Republican, and to encourage
Democratic splits on general principles, endorsed the nomina-
tion of Mr. Dykman. Then began one of the most exciting and
peculiar political campaigns for an important judicial office
ever held in this State. Democrats were arraigned against
Democrats, and Republicans against Republicans, the latter
deciding they could vote as pleased them, both candidates being
Democrats. In Yonkers, where Justice Tappen resided, Demo-
cratic and Republican leaders agreed to the destroying of Dyk-
man ballots, printed in the old form, that Tappen might receive
the total vote of the town ; as a result Dvkman received but a
few scatterino^ votes in Yonkers on election da v. In Orange
County, where the opposition to Tappen originated, the tactics
employed by Tappen 's friends in Yonkers were used to help
Dykman, particularly in the city of Newburgh, where but few
votes for Tappen found their Avay into the ballot box. The
majority for Dykman in Newburgh more than offset the majority
for Tappen in Yonkers. After Dykman 's election, Tappen
MANUAL AND CIVIL LIST. 137
retired from politics, and devoted his time to legal practice and
his farm in Tuckahoe.
APPELLATE DIVISION JUSTICES.
Designation of Presiding and Associate Justices for the four
Judicial Departments, in which the State is divided, to com-
pose the Appellate Divisions, is made by the Governor, pur-
suant to section 2, article 6, of the Constitution.
A Justice of the Supreme Court, in any Judicial District,
may be assigned to duty in any other Judicial District Court
of the State. The Governor may select from any Judicial Dis-
trict, when choosing Justices to become members of an Appel-
late Division Court. Such selection is considered a special
honor by the Justice chosen.
No Justice of the Appellate Division can exercise any of the
powers of a Justice of the Supreme Court, other than those of
a Justice out of court, and those pertaining to the Appellate
Division, or to the hearing and decision of motions submitted
by consent of counsel.
The Appellate Court of the Second Department, of which
the Ninth Judicial District is a part, is located in Brooklyn.
The Second Department consists of the Second and Ninth
Judicial Districts. The Second Judicial District (of which
Westchester County was formerly a part) includes the counties
of Kings, Queens, Richmond, Suffolk and Nassau. The Ninth
Judicial District is composed of counties taken by special act
of the Legislature from the Second Judicial District and formed
into a separate district, viz. : Westchester, Dutchess, Orange,
Rockland and Putnam.
From the date of organization of the Ninth Judicial District,
in 1906, to 1909, the Justices comprising the Second Department
Appellate Court were, viz. : Michael H. Hirschberg, of the
Ninth District, Presiding Justice; John Woodward, Almet F.
Jenks, AVilliam J. Gaynor, Adelbert P. Rich, Warren B. Hooker
and Nathan L. Miller, Associate Justices.
Governor Hughes made an appointment to succeed Justice
Hooker, as an Associate Justice, in January, 1909, and other
appointments followed when necessary to keep the number up
to the required five. The last vacancy was that caused by the
resignation of Justice Gaynor, who became Mayor of Greater
New York, January 1, 1910.
138 MANUAL AXD CIVIL LIST.
The Second Department Appellate Division, at the beginning
of 1910, was composed as follows: Justice Hirschberg, of New-
burgh (in the Ninth Judicial District), presiding, and Associate
Justices Almet F. Jenks, Joseph A. Burr and Edward B.
Thomas, of Brooklyn, and John Woodward, of Jamestown.
(The Governor may select Justices from any section of the
State to compose Appellate Courts.)
Official records give the ages of Associate Justices of this
Appellate Court to be as follows, in the year 1910 : Justice
Burr, who was 55 when elected in 1899, is 66 in 1910, and will
reach the age limit when his term expires, December 31, 1913.
Justice Thomas, who was 58 when elected in 1904, is 64 in 1910 ;
will be 72 years of age when his term expires in 1918. Justice
Jenks, who was 45 years of age when last elected, in 1898, is
57 in 1910, and will be 59 when his term expires in 1912. Jus-
tice AVoodward, whose term expires this year, was but 37 years
of age when elected fourteen years ago ; was but 51 years old
in January, 1911. Chief Justice Hirschberg, whose new term
commenced January 1, 1911, was 49 years of age fourteen
years ago.
Governor Dix, on January 7, 1911, designated Justice Almet
F. Jenks as Presiding Justice of the Appellate Division, of the
Second District, and named AYilliam J. Carr as an Associate
Justice of the Appellate Division. Justice Hirschberg, whom
Justice Jenks succeeds as Presiding Justice, was re-elected in
the Ninth Judicial District as a Justice in 1910, was, in January,
1911, named by Gov. Dix for Associate Justice, of the same
court, for the full term of five years.
NINTH JUDICIAL DISTRICT.
A special act of the State Legislature creating the Ninth
Judicial District, composed of the counties of Westchester,
Dutchess. Orange, Rockland and Putnam, was passed in 1906*
and the first Supreme Court Justices chosen for this new Judi-
cial District were elected at the general election held in Novem-
ber, 1906.
Isaac N. Mills, of Mount Vernon, Westchester County, Arthur
S. Tompkins, of Nyack, Rockland County, and Joseph Mors-
*The bill providing for this act was first suggested and drafted by Hon-
Theodore H. Silkman, Surrogate of Westchester county, and the bill was
introduced in both branches of the Legislature by representatives from this
countv.
MANUAL AND CIVIL LIST. 139
chauser, of Poughkeepsie, Dutchess County, were chosen as
Supreme Court Justices, and they, together with Justice Martin
J. Keogh, of New Rochelle, Westchester County, and Michael
H. Hirschberg, of Newburgh, Orange County, are associated
with the new Ninth Judicial District Supreme Court.
The terms of office of the several Justices expire on dates as
follows :
Isaac N. Mills December 31, 1920
Arthur S. Tompkins December 31, 1920
Joseph Morschauser December 31, 1920
Martin J. Keogh December 31, 1923
Michael H. Hirschberg December 31, 1924
Justice Keogh and Justice Hirschberg were transferred from
the Second Judicial District to the new Ninth Judicial District,
on account of their being residents within counties included in
the new district.
Justice Keogh, whose first term expired December 31, 1909,
was unanimously renominated by both the Democratic and the
Republican political parties, in separate and in joint conven-
tion, in 1909, and his election followed, for a term ending
December 31, 1923.
Justice Hirschberg was unanimously renominated for Supreme
Court Justice, Ninth Judicial District, by both the Republican
and the Democratic political parties, and re-elected in 1910.
The Justices of the Ninth Judicial District are all men in
the prime and vigor of life, fitted for many years of usefulness.
According to official record, in 1910, as the age has to be stated
when filing oath of office. Justice Hirschberg is entering his
63d year; Justice Keogh was, on January 1, 57 years of age;
Justice Mills is in his 58th year; Justice Morschauser owns up
to 46, and is proud of it; and Justice Tompkins, the youngest
of the number, is close on to 44 years of age.
The Judiciary of the Ninth District has been everywhere
spoken of in terms that make residents of the district proud.
It is admitted that no collusion or fraud can stand before our
Judiciary.
This is the character that causes capital to seek employment
here; this is the character that gives security to our rights, and
value to our property; and to these combined causes are to be
attributed a large portion of the flowing prosperity that is felt
throughout every portion of the Judicial District.
140 MANUAL AND CIVIL LIST.
The salaries of the Justices were made $6,000 per annum;
besides which they receive an annual allowance of $1,200 each
for expenses (except in the First District). The Justices of the
Second District each receive an additional annual allowance
of $10,300, which amount is levied on the counties in said dis-
trict by the State Comptroller. The total salary received by
each Justice in the Second District being $17,500 per annum.
The law regulating the salar}^ of a Supreme Court Justice in
the Second Judicial District (which was divided to make the
Ninth Judicial District) was made applicable to the new (the
Ninth) district. Therefore the Justices in this latter Judicial
District also receive a salary of $17,500 per annum each.
The salary of a confidential clerk, to each Justice, is fixed at
$2,500 per annum.
The business transacted in the local Supreme Court has grown
rapidly. It was not many years ago that the Supreme Court
sitting in this county held but four terms a year, each term
lasting about three weeks. The increasing legal business of the
county, together with that contributed by the nearby large
cities, made it necessary for the creation of a new Judicial Dis-
trict and the providing of more Judges. As a result, we have
the Ninth Judicial District Supreme Courts, ready and able
to dispatch all business presented. Two trial parts have been
established in the county, giving eighteen terms of court of four
weeks each, with four terms of Special Term for trials, in addi-
tion to Special Term days on Saturday for the hearing of
motions.
The naturalization of aliens, presided over by a Supreme
Court Justice, is under the supervision of the United States
Government.
COUNTY COURT.
(Continued from page 100, Vol. 1.)
On the erection of the County of AYestchester, in 1683, West-
chester, in the southern section of the county, was made the
Countv Towji bv an act of the General Assemblv, pavssed in
October of that vear, which act directed that Courts of Sessions
for the county should be held on the first Tuesday of June and
December, one to be held in the village of Westchester and the
other in the callage of Eastchester. On the first AYednesday of
December a " Court of Oyer and Terminer and general jail
delivery " was to be held.
MANUAL AND CIVIL LIST. 141
From official records it is learned that the first Court of
Sessions in this county was held on June 3, 1684.
John Pell, of Pelham, was, in 1684, appointed the first County
Judge and he continued in office until 1693, when he was suc-
ceeded by Caleb Heathcote, of Mamaroneck, who served until
1721; William Willett, of Harrison, served to 1732; Frederick
Philipse, of Yonkers, to 1734; Israel Honeywell, of Yonkers,
from 1734 to 1737, and 1740 to 1743, and who were followed in
succession by others, as shown on page 100, volume 1.
Westchester continued to be the county seat until November
6, 1759, when the last session of the Court of Common Pleas
was held there.
The Court House in Westchester was destroyed by fire on
February 4, 1758. Recognizing the necessity of locating the
County Court House in a locality more central, it was decided
not to rebuild the Court House in Westchester village. To
secure proper authority to designate a new '' shire town "
and construct a new Court House, the General Assembly was
appealed to. On December 16, 1758, the following legislative
act was passed:
''An Act to empower the Justices of the Peace and Aldermen
of the Borough of Westchester, in Conjunction with the Super-
visors of Westchester County, to ascertain and fix a place for
erecting a new Court and a new Court House and gaol for the
said county; and for raising a sum not exceeding one thousand
pounds, on the estates, real and personal, of all the freeholders
and inhabitants of the said county, for and towards erecting
the said Court House and gaol."
AVhite Plains village was selected as the county seat, princi-
pally through the eftorts of Dr. Robert Graham, who was Super-
visor of White Plains and later a County Judge. He gave to
the county the site, on Broadway, White Plains, upon which
the Court House was erected. (See page 33, volume 1.)
On November 5, 1776, at midnight, a party of disorderly per-
sons, said to be " straggling " followers of the American Army,
set fire to this Court House, more for the fun of seeing it burn
than for anything else. Fortunately the records of the Courts
and of the Provisional Convention were removed previous to
the Court House being destroyed.
Courts were held during the Revolutionary War period in
the Presbyterian Church in Bedford, until the destruction of
the church building by the British in 1779. From latter date
142 MANUAL AXD CIVIL LIST.
courts were held in the meeting house in Upper Salem, until
1784.
The General Assembly, on April 11, 1785, passed an act order-
ing that sessions of the courts be held in the Presbyterian meet-
ing house in Bedford, until the Court House should be rebuilt,
or until further orders of the General Assembly. An act passed
May 1, 1786, by the General Assembly, authorized the erection
of Court Houses in both White Plains and Bedford, and eigh-
teen hundred pounds was appropriated for the purpose. Stephen
Ward, Thomas Thomas, Ebenezer Purdy, Richard Hatfield,
Ebenezer Lockwood, Jonathan G. Tompkins and Richard
Sackett, Jr., were named as a committee to superintend the
construction.
The first session of the County Court was held in Bedford
Court House on January 28, 1788, and a session was held in
AVhite Plains on May 26, same year. For many years courts
were held alternately at these places.
The site of the second Court House in AYhite Plains is now
occupied by the Armorj^ of the local State Militia company.
The third Court House in White Plains, was erected on
Railroad Avenue, in that village, in 1857, at a cost of nearly
$150,000. In 1894 a wing was added on the west side, to be
used as a " hall of records," at a cost of about $40,000. (See
page 36, volume 1.)
In 1910 was completed additions to the original building that
nearly doubled its size, the cost of new work reaching nearly
$700,000.
The new Constitution of the State abolished the office of Jus-
tice of Sessions and consolidated the County Court and the
County Court of Sessions under the title of County Court. The
final sitting of the AYestchester County Court of Sessions was
held on December 31, 1895.
Four courts, three Supreme and a County Court, are in almost
constant session in the County. The Surrogate's Court is held
on four days weekly during the year, excepting the month of
August.
The County Court, in 1890, held only four terms a year, with
an average of twenty-five cases on the calendar for a term, no
term lasting more than four weeks. Now the County Court
sessions are almost continuous, excepting the summer vacation
season, and frequently the increase in business requires the
MANUAL AND CIVIL LIST. 143
running of one term into the next, and the number of cases on
the term calendar has increased at the rate of six to one.
County Courts are continued by the new Constitution with
original jurisdiction in actions for the recovery of money only
where the defendants reside in the county, and in which the
complainant demands judgment for a sum not exceeding $2,000.
The Legislature is given the power to enlarge or restrict the
jurisdiction of the County Courts, but not beyond the limit of
$2,000. County Judges are to hold their offices for six years.
Under the Constitution, which went into effect January 1, 1896,
Courts of Sessions were abolished, except in the county of
New York. Kings County is authorized to have two County
Judges.
The Legislature may, on application of the Board of Super-
visors, provide for the election of a local officer to discharge the
duties of County Judge, in case of inability or of a vacancy,
and in such other cases as may be provided by law, and to exer-
cise such other powers in special cases as are or may be pro-
vided by law. No County Judge shall hold office longer than
until and including the last day of December next after he
shall arrive at seventy j^ears of age. Vacancies occurring in
the office of County Judge shall be filled in the same manner
as like vacancies occurring in the Supreme Court. The com-
pensation of any County Judge shall not be increased or dimin-
ished during his term of office. His salary is established by
act of the Legislature, and is made payable out of the County
Treasury. A County Judge of any county may hold County
Courts in any other county when requested by the Judge of such
other county. The County Judge of Westchester County is
prohibited from practicing as an attorney or counselor in any
court of record of this State, or act as referee, as the county
has a population exceeding one hundred and twenty thousand.
The salary of the present County Judge of Westchester
County is $10,000 per annum, as fixed by special act of the
Legislature ; Laws of 1907, chap. 256. The salary was formerly
$7,500 per annum, fixed by the Legislature ; Laws of 1901, chap.
584.
The State Legislature passed a special act in 1903, chap. 601,
authorizing the County Judge of Westchester County to appoint
a Court Crier, at a fixed compensation of $1,200 per annum, to
be paid in monthly installments by the County Treasurer.
144 MANUAL AXD CIVIL LIST.
The following named residents of the county, in addition to
those mentioned in volume one, have held this office:
Smith Lent, Sing Sing, 1896 to 1902.
William P. Piatt, White Plains, 1902 to 1908 ; re-elected and
served from 1908, now acting.
Present Clerk of Court, Gerald Fitzgerald; Stenographer,
William L. Milligan.
SURROGATE'S COURT.
(Continued from page 101, Vol. 1.)
The State Constitution, adopted in 1894, provides that the
Surrogate and Surrogate's Courts shall have the jurisdiction
and powers which the Surrogate and Surrogate's Courts form-
erly possessed, until otherwise provided by the Legislature.
The County Judge shall be Surrogate of his county except
where a separate Surrogate has been elected (as in Westchester
County). In counties having a population exceeding forty
thousand, wherein there is no separate Surrogate, the Legisla-
ture may provide for the election of a separate officer to be
Surrogate, whose term of office shall be six years. When the
Surrogate shall be elected as a separate officer his salary shall
be established by law, payable out of the County Treasury. No
County Judge or Surrogate shall hold office longer than until
and including the last day of December next after he shall be
seventy years of age. Vacancies occurring in the office of Sur-
rogate shall be filled in the same manner as like vacancies occur-
mg in the Supreme Court. The compensation of any Surrogate
shall not be increased or diminished during his term of office.
For the relief of Surrogate's Courts the Legislature may confer
upon the Supreme Court in any county having a population
exceeding four hundred thousand, the powers and jurisdiction
of Surrogates, with authority to try issues of fact by jury in
probate cases.
The Legislature may, on application of the Board of Super-
visors, provide for the election of local officers, not to exceed two
in any county, to discharge the duties of Surrogate, in case of
inability or of a vacancy, and in such cases as may be provided
by law, and to exercise such other powers in special cases as are
or may be provided by law.
^ i
F
MANUAL AND CIVIL LIST.
145
Prior to 1846 Surrogates for Westchester County were
appointed; the first elected Surrogate of this county entered
upon his duties January 1, 1848. By special act of the Legis-
lature, passed April 10, 1833, the office and court of the Surro-
gate was established in the County Court House in the village
of White Plains, to which place the same were removed on
May 10, 1833.
By an act of the Legislature, passed May 27, 1889, the
salary of the Surrogate was fixed at $6,000 per annum. By
special act of the Legislature, passed May 10, 1906, the salary
was fixed at $7,500 per annum, as it is now. The term of
office is six years.
Regular terms of this Court are held in White Plains. Special
term is held in Yonkers every Wednesday and in Peekskill the
fourth Thursday in each month. No regular Court is held dur-
ing July, August and September.
In addition to the names already given (in volume one) the
following named residents have held this office in this county:
Theodore H. Silkman, of Yonkers, for twelve years, from
1895 to 1907 (died August 22, 1910).
Frank V. Millard, of Tarrytown, from 1907, now acting.
OFFICIAL STAFF OF THE SURROGATE'S COURT.
Frank E. Clark, Chief Clerk; David S. Murden, Deputy
Clerk; George H. Peene, Record Clerk; Wallace Dutcher, Chief
Recording Clerk; Louis A. Houghtaling, Assistant Recording
Clerk; Alfred Pendorf, Index and Accounting Clerk; James H.
Howorth, Office Stenographer and Clerk; J. Flanagan, Court
Stenographer; William T. Ferguson, Solomon D. Oakley and
Timothy Dwyer, Court Officers.
Anson Baldwin, of Yonkers, in 1911 resigned the Chief Clerk-
ship he had held since 1902.
Biographical Sketches.
Hon. martin J. KEOGH.
Martin Jerome Keogh, Justice of
the Supreme Court, was born in Ire-
land, the land which has produced so
many of our substantial and honored
citizens, a son of John and Margaret
Keogh, in the year 1853. His parents
died when he was quite young and
he became a charge of an uncle; to
his own labor is due the good educa-
tion he has; the lad's independent
nature caused him to ' ' strike out for
himself ' ' as soon as the opportunity
afforded. The young student read
much of American history, and hia
reading created in him a desire to be
in the '^ new country " that offered
so many advantages to the indus-
trious ambitious. Impatiently he
waited an opportunity, which came
in his early manhood. He was not
overburdened with worldly goods
146
MANUAL AND CIVIL LIST.
when he landed on the American
shore, but he did possess -what was
greater than riches, the vigor of
youth and a determination to suc-
ceed, regardless of obstacles. He was
virtually friendless in a strange coun-
try; he brought no letters of intro-
duction to intiuential residents; his
only recommendation was an honest
face and an evident determination to
' ' make good, ' ' if given a chance.
Possessed of a bright intellect, re-
inforced by quick native wit and a
jovial, happy disposition, he made
friends of all with whom he came in
contact.
Willing to do whatever his hands
found to do, he was employed in vari-
ous capacities, until new acquaint-
ances, becoming aware of possibili-
ties in his connection, recommended
to him that he devote some of his
time to legal study. As a result of
this kindly advice, he spent all the
time possible outside of his daily la-
bor in other directions, to the myster-
ies of the law; he worked as a news-
paper reporter, or in store or shop,
in the day time and at night after
he had retired to his humble hall
room he studied, as the midnight oil
burned. The money he earned ' ' in
trade" he carefully saved, after pay-
ing his slight expenses. In due
course of time he was able to enter
the New York University Law School,
from which he graduated in 1875,
with high honors and the degree of
LL.B.; in 1906 the degree of LL.D.
was conferred upon him.
The same year he graduated from
Law School he became a resident of
New Eochelle, where he began the
practice of his profession as a part-
ner in the firm of Banks & Keogh.
On Mr. Banks being elected County
Eegister, this partnership was dis-
solved the first part of January, 1878.
For a time Mr. Keogh continued
alone. Later he became associated
with John W. Boothby, under the firm
name of Keogh & Boothby, with
offices in New Rochelle and Port
Chester. At the dissolution of this
latter partnership, Mr. Keogh con-
ducted business on his own account,
having offices in New York City and
New Rochelle.
He for a period served as Cor-
poration Counsel of the village of
New Rochelle. but soon found that
his rapidly increasing law practice
would debar him from public oflS.ce
holding.
He was always regarded as an
eminently safe counsellor and an ex-
ceedingly effective practitioner at the
bar. As a criminal lawyer, he had
few equals in the State, and justly
gained an enviable State-wide repu-
tation. Before a jury no man was
stronger or more convincing. His
personal appearance and manner were
calculated to impress a jury as but
few pleaders are able to do. Of
commanding height, erect carriage
and piercing eye, and with a counte-
nance expressing intelligence and
confidence, when he arose for a for-
ensic effort, not even his youth could
prevent a stranger from expecting
a superior display of oratorical abil-
ity and legal acumen. And no dis-
appointment followed. His voice
swelled full and clear, his statements
of fact were concentrated, earnest
and plain, and as he warmed with his
subject, he would become impressive
and fervent, playing upon the sym-
pathies and passions of listeners with
a master hand.
Such marked talents necessarily
commended their possessor for po-
litical preferment.
In 1892 Mr. Keogh was elected on
the Democratic ticket as a Presiden-
tial Elector, and he had the pleasure
as well as the honor of casting in
the Electoral College a ballot for
Grover Cleveland for President, a
man for whom he had the highest
regard.
The opportunity to satisfy the am-
bition of the average lawyer, and
the lawyer above the average, to
reach the Supreme Court bench, came
to him unsought in 1895, when he
was prevailed upon to accept the
Democratic nomination for Supreme
Court Justice, for the Second Judi-
cial District. General satisfaction
was expressed by members of the bar
throughout the judicial district, and
members of all political parties ral-
lied to ensure his election. Though
the election was held in a year when
the opposing political party was gen-
erally successful, and some of the
Republican candidates for the Su-
preme Court Justiceship were chosen
in this district, Mr. Keogh, more
successful than others on his ticket,
Avas not carried under by the ' * land-
slide ; " he was chosen by a hand-
MANUAL AND CIVIL LIST.
147
some majority, proving that he had
been liberally supplied with all kinds
of votes, testifying to his well earned
popularity.
At the time of his election, Mr.
Keogh was the acknowledged leader
of the Westchester County bar, and
had been president of the County
Bar Association. To accept the po-
sition on the Bench he relinquished
an extensive business paying yearly
many times more than the salary he
would receive; beside his general
practice, he was attorney for valu-
able estates.
In the able discharge of duties as
a Justice, from the very beginning
of his career, he justified the trust
placed in him by the action of the
people who elected him. His just
treatment of advocate and client in-
creased the regard entertained for
him. He took first rank as a jurist,
and not only were his services desired
in his own district, but he was very
frequently, by special request of
those interested, assigned to preside
in courts of the First Judicial Dis-
trict, New York city; had he so de-
sired, he could have been assigned
by the Governor to serve as a mem-
ber of the Appellate Division.
His fame as a Justice had the ef-
fect, not long after his ascending the
bench, of bringing his name promi-
nently before the public as the possi-
ble Democratic candidate for Gov-
ernor. While he fully appreciated
the good intentions of friends, he
made it known that his name should
not be considered as that of an as-
pirant for the Gubernatorial nomi-
nation; he was content to remain
where the people had placed him —
on the bench. Again, in 1910, he was
urged by enthusiastic friends from
all parts of the State to accept the
Democratic nomination for Governor,
and his name was presented to the
State Convention held at Eochester;
again he sent the same answer — his
work had been laid out for him and
he would remain true and serve the
people where best he could.
Justice Keogh 's second election, in
1909, for another term of fourteen
years, and especially the voluntary
manner in which it was brought
about, all political parties compet-
ing to do him honor, was a great
compliment to him ; particularly so,
as it was the first time that both
the principal political parties united
in this vicinity to accord any person
a joint nomination.
As if to prove further what we
have here asserted, that Justice
Keogh 's fame is State-wide, and his
popularity even broader, not con-
fined to a locality, like a ''Pent up
Utica, " comes this statement of
fact: From January 16 to March
30, 1911, the Democratic Legislature,
in session in Albany, was in a " dead-
lock" over the choice of a United
States Senator to represent this
State, who was to enter upon his
duties on April 5, following. A com-
promise candidate for the position
was found necessary; a meeting of
Democratic leaders was held in New
York city on March 29; many names
were proposed, but none proved ac-
ceptable until the name of Justice
Keogh was suggested. Against him
no protest came; he was in no way
allied with ' ' the undesirable inter-
ests," was connected with no party
faction, and in all ways he was
deemed clean and upright; he was
decided upon as the man of the hour,
whose selection would appeal to all
Democrats, * ' regulars, " " insur-
gents," or by whatever name they
may be called. There was no ques-
tion as to whether the amiable Jus-
tice would accept an honor to reach
which is the ambition of all men in
public life. The Justice was seeking
a few days ' rest in Hot Springs, Va. ;
a telegram was sent asking him to
accept. True, the temptation was
great; but the Justice's usual good
judgment told him that the high
prize was not for him at this time,
his obligations lay in another direc-
tion; though the insured honor was
enough to entice any man, he proved
strong enough to put it off, and re-
main in the judicial position which
he so ably fills, which is congenial
to him and in which he gives satis-
faction to the people.
Justice Keogh 's declination of the
position of United States Senator
calls to mind the remark of a noted
English celebrity, that '*no man can
be a good lawyer and a good states-
man. ' ' Justice Keogh is a good law-
yer, and this he decided to remain,
and continue to give the people of
this Judicial District, as usual, his
best service as a Judge.
We have here spoken of Justice
148
MANUAL AXD CIVIL LIST.
Keogh as "U'e knew him in the days
when he first began practice, exerting
his magnetic influences; to-dav we
know him as meeting to the full the
expectations of his many admirers.
Possessing that old-time vigor and
spirit, tall, erect, manlv, well-propor-
tioned, his jet-black hair tinged with
grev, and a strong face denoting
unusual decision of character and
marked ability. His manner and
general bearing — kind, courteous and
agreeable to all with whom he comes
in contact — is equally captivating,
and all combined, contribute to ren-
der him a leader among his peers.
Before going upon the bench Mr.
Keogh had the signal distinction of
being retained on one side or the
other in every important suit, civil
and criminal, which came up in the
county, and, what is more remark-
able, his practice was confined espe-
cially to neither.
He defended almost every capital
case which was tried in the county
while he was at the bar, and, as he
puts it, his clients were all innocent
and were consequently acquitted.
He established in Westchester
County, for the benefit of the poor
people, a Legal Aid Society, and he
gets the leading lawyers of the
county to take turns in giving legal
advice to people who are too poor to
pay a lawyer. This Legal Aid So-
ciety also gives instruction to appli-
cants for citizenship in our system of
government and has translated into
Italian, most interesting and instruc-
tive, a collection of questions and
answers on subjects connected with
our republican form of government.
The Xew Rochelle People's Forum,
which has attracted so much atten-
tion, was the sole work of Judge
Keogh. Its success has been phe-
nomenal, and the discussions before
the forum have attracted the great-
est attention throughout the country.
Judge Keogh married Katharine
Temple Emmet, the great-grand-
daughter of Thomas Addis Emmet
and the great niece of the illustrious
Eobert Emmet. Of this union there
are nine children. Justice Keogh
by a former marriage has two sons,
Alexander Keogh, aged 29 years,
who was an Assistant under District-
Attorney Jerome of Xew York, and
is now a Civil Service Commissioner
of the latter city, and Martin J.
Keogh, Jr., aged 25 years, a lawyer.
Hon. ARTHUR S. TOMPKIXS.
Arthur Sidney Tompkins, a Jus-
tice of the Supreme Court, for this
the X^inth Judicial District, was bora
on August 26, 1865, in Middleburgh,
Schoharie County, X', Y., a son of
Sidney B. and Mary H. (Yocom)
Tompkins. When he was about one
year old his parents removed to
Clarkstown in Rockland County, and
since then he has been a resident of
that county with the exception of the
period he spent in Tarrytown, West-
chester County, as a student in the
law office of Henry C. Griffin, Esq.
He attended the Clarkstown and
X'yack public schools. At the age of
14 years he left school and went to
work; was employed two years in a
dry-goods store. He then took up
the study of law and continued it
in the offices of Seth B. Cole, Esq.,
and Hon. Abram A. Demarest, of
X'yack, and Henry C. Griffin, Esq.,
of Tarrytown. He was admitted to
the bar' in 18S6 and has ever since
been engaged in active practice.
Judge Tompkins, though not a son
by birth, is a son of Westchester
County by adoption, so to speak; his
former abode in this county, his
marriage to a daughter of this
county, and his wide acquaintance
and popularity with residents of our
county makes him *' one of us."
That he was unfortunate in not hav-
ing been born in Westchester County
is no particular fault of his own, and
^ this fact of his being born elsewhere
I should not be considered as a point
' against him, especially as he was
I very young when born and not of a
j * ' deciding mind, ' ' and because he
! assures us that if he had it to do
over again he might choose our
county, though he loves Rockland
County, and good old Schoharie, the
land of Democratic principles, is not
the worst county to be born in.
Rockland County, the Judge 's pres-
ent place of residence, was allied with
Westchester County for many years
in the formation of a political divi-
sion of the State, and on account of
its intertwined business interests, has
been recognized as a close relative
of the larger county. The Judge's
mingling with us and his association
MANUAL AND CIVIL LIST.
149
with our best interests led to his be-
ing numbered as of us. Therefor
when admirers of Judge Tompkins
spoke of the young jurist as "a.
Westchester County boy," there
were but few who would want to
gainsay it. His position as a Su-
preme Court Justice with jurisdic-
tion over this county, and the fre-
quency of his holding court in our
county, furnish other links in the
chain that binds him to us.
As a man possessing all the attri-
butes of relationship, Judge Tomp-
kins is here considered as a son
and given a place in Westchester
County's annals.
The author of this Manual who,
with considerable pride, watched
through the years his successes and
justly earned advancement in reach-
ing the goal of a lawyer's ambition,
knew Judge Tompkins in his early
youth, as one possessed of no ordi-
nary cleverness, of marked intelli-
gence, predicting a successful career
in whatever vocation of life he chose
to follow. Studious in habits, pos-
sessed of essential integrity, loyalty
to principles, and determination to
overcome obstacles and win success
honestly, were foundations of his
well-formed character, and composed
his stock in trade, that proved more
effective as business capital than
would, probably, money acquired
from wealthy relatives, who were to
him '^few and far between." He
early realized that to get along and
satisfy an honorable ambition, he
had to depend principally upon him-
self, upon his own exertions, that he
had to be the "architect of his own
fortune," as it were. How he did
it, how he is deserving of all honors
credited to him, furnishes an object-
lesson to other youths similarly situ-
ated at the starting.
His genial disposition and courte-
ous manners, even as a boy, de-
manded kind regard; therefor it is
not strange that, when yet a youth,
he was elected to an important judi-
cial office as a candidate of a mi-
nority political party. His charming
personality secured for him votes
where political considerations failed.
When he ran for the higher office of
Supreme Court Justice, in 1906, he
still retained the same magnetic
power that drew forth the votes of
men of all political faiths, and se-
cured for him a larger majority,
throughout this Judicial District,
than any of his associate candidates.
To-day he possesses the high regard
of all his fellow^ Judges in the State,
and the unsurpassed confidence of all
practicing members of the bar.
Hon. Alonzo Wheeler, the Dean of
the Kockland County bar, in 1902,
wrote his opinion of the subject of
this sketch, for the Rockland County
history, so ably and so in touch with
our views, that we quote from same,
as follows:
' ' In every commonwealth there
have arisen men whose experiences
have been phenomenal, men to whom
success has taken kindly at the very
beginning. And this not by reason
of the favor of fickle fortune which
has pursued the man, but because
the man from the outset has asserted
his right and his determination to
succeed, and has then simply pro-
ceeded in the use of the appointed
means to achieve the desired success.
Such a man is Arthur S. Tompkins.
Although Judge Tompkins is one of
the younger members of the County
Bar, special reference is given to
him here because it follows naturally
the mention above made of him
as County Judge. In 1887 he was
elected Police Justice of the Village
of Nyack. He manifested an apt-
ness for political life, and was elected
to the Assembly as a Republican in
a Democratic county, in 1889. In
1893 he became the Republican can-
didate for County Judge and Surro-
gate, and was elected. In 1898 he
was elected a Representative in Con-
gress, and following his election re-
signed from the Judgeship. In 1900,
he was again elected to Congress,
and is at this writing serving his
second term. He is favorably spoken
of as a candidate for the Supreme
Court Bench and his peculiar fitness
for that honorable and responsible
position is not questionable, but is
cheerfully admitted by his brethren
in his legal profession. We have
said that the people very soon re-
cognize real merit and true worth,
but it is not often that the members
of a profession will with one accord
admit and proclaim the existence of
these qualities in one of its own num-
ber. However, in this regard, the
legal profession differs from other
professions. The spirit of fairness
150
MANUAL AXD CIVIL LIST.
and liberality prevails in this pro-
fession to a greater extent than in
any other, and we are sure that the
subject of this sketch realizes and
appreciates the fact that the Bar of
Rockland County accords to him a
position foremost among all its mem-
bers, and is proud of the lustre
of his brilliant record, and of the
prominence which is his because he
has earned it, not only in his sphere
of action in his own county, but
everywhere where his services have
been required.
*' Blessed with a good constitution
and splendid physique, he possesses
the ability and strength which have
enabled him to succeed in every un-
dertaking. Besides the duties of his
Congressional and professional life,
his presence is demanded and his voice
is heard frequently upon civic and
social occasions. As a trial lawyer
Judge Tompkins has no superior and
few equals in the Judicial District
within which his labors are princi-
pally confined. In the examination
of witnesses he is shrewd, alert, and
incisive. In argument to a jury he
is a marvel of freshness, simplicity
and power. He always knows his
juror and talks to him. His argu-
ments are replete with illustrations
which find their duplicate in the ex-
periences of the individual juror.
History, poetry and anecdote are
brought into requisition by this mas-
ter of the legal art, and all are
blended in a production of argu-
ment, appeal, pathos, denunciation
and eloquence which are sure to win
a good case and save a poor one
from utter destruction. And with
all this rare and brilliant experience.
Judge Tompkins is still a young
man, and with the continuance of
health and strength is surely des-
tined to accomplish vastly more than
he has already achieved in the sue
cesses of the past and present."
Judge Tompkins' nomination as a
candidate for Justice of the Supreme
Court for the recently created Ninth
Judicial District, composed of the
counties of Westchester, Dutchess,
Orange, Rockland and Putnam, was
made unanimously in the convention
held in White Plains, in this county,
in the summer of 1906, and his elec-
tion followed, he leading his associ-
ates on the ticket in the voting, as
his popularity suggested he would do.
From the beginning of his practice
he has been a successful lawyer, and
for some years past and until his ele-
vation to the Supreme Court Bench,
the acknowledged leader of the Rock-
land County Bar. His work as a
trial lawyer was large, covering the
counties of Rockland, Orange, Ulster,
Dutchess, Westchester, New York
and Kings, in many instances trying
cases as counsel for other lawyers.
He was regarded as one of the best
trial lawyers along the Hudson River.
He has also an enviable reputation
as a ready speaker, logical and witty,
making him in constant demand for
orations and addresses, on various
subjects, throughout the State. He
delivered the address at the dedica-
tion of the monument to General
Kilpatrick at West Point, N. Y.,
and at the opening of the Stony
Point Reservation was one of the
orators, and has been orator on many
other occasions.
With all his political activity and
varied law practice, he has always
been very popular in the county and
outside of the county where he is
known. No worthy appeal for help
was ever made to him in vain. There
are hundreds of instances where he
has aided those in need, and espe-
cially young men who have been
struggling for a start in life. He
has always been the friend of and a
sympathizer with the working man —
always willing to respond to any de-
mand that might be made upon him.
Having himself come up from the
ranks and accomplished what he has
by the hardest kind of work, perse-
verance and industry, he appreciates
and understands the difficulties and
embarrassments of those who from
the beginning struggle for success
in life.
Judge Tompkins has always been
very active in fraternal organiza-
tions, having been District Deputy
Grand Master of Free and Accepted
Masons, and a member of the
branches of that order; for several
years was a representative and
prominent officer in the Grand Lodge
of the Independent Order of Odd
Fellows of the State of New York,^
and has been Grand Master of the
same order. He is also a member,
and has been a prominent officer, of
MANUAL AND CIVIL LIST.
151
the Benevolent and Protective Order
of Elks, and a favorite orator at
functions of this order; and a mem-
ber of the Foresters of America,
Knights of Pythias, Improved Order
of Red Men, and other similar so-
cieties, as well as social organiza-
tions. Is president of the Nyack
Board of Education, a member and
trustee of the First Baptist Church
of Nyack, a director of the Rockland
County Trust Company, and a mem-
ber and director of the Young Men's
Christian Association of Nyack.
Fordham University, New York
City, at its sixty-fifth annual com-
mencement, held in June, 1910, con-
ferred upon Justice Tompkins the
honorary degree of Doctor of Laws.
On invitation of the committee ap-
pointed by the Supreme Court and
Surrogate's Court, Justice Tompkins
delivered the principal oration at the
special services held in memory of
the late Hon. Theodore Hannibal
Silkman, former Surrogate of West-
chester County, at the County Court
House in White Plains, November
18, 1910.
Justice Tompkins, who was as-
signed by the Appellate Division for
December, 1910, to the criminal de-
partment in the City of New York,
was, at the end of the term, pre-
sented by members of the New York
December panel of jurors with a
handsome rosewood gavel, mounted
with silver, in recognition of the Jus-
tice's ability and well-known cour-
tesies. The gavel was inscribed with
the Justice's name, date, and the
names of the jurors.
On January 26, 1911, Justice
Tompkins found awaiting him at his
hotel, in White Plains, a large bou-
quet of flowers, the gift of a panel of
Westchester County jurors drawn to
serve during a murder trial, to ex-
press to the Justice the jurors' ap-
preciation of many acts of kindness
shown by him to them throughout a
prolonged trial.
To accommodate resident lawyers,
and other members of the bar. Jus-
tice Tompkins, in the spring of 1911,
voluntarily began holding special
sessions of the Supreme Court in
Yonkers on Saturdays. Because he
did this, which was not required of
him, he received a vote of thanks at
a public meeting of members of the
bar residing in Yonkers.
Justice Tompkins was orator at
Memorial Day exercises of the G. A.
R., in Yonkers, May, 1911,
Gov. Dix assigned Justice Tomp-
kins to preside over several criminal
terms of the Supreme Court, First
Judicial District, New York city.
He was married on May 18, 1889,
to Miss Jeanie C. Logan, daughter
of James and Hannah Logan, of
Tarrytown, in this county. Two chil-
dren were born of the union and are
alive. The family residence is in
the village of Nyack.
Hon. JOSEPH MORSCHAUSER.
When Joseph Morschauser, then a
newly elected Justice of the Supreme
Court, began his judicial duties in
Westchester County, in the early part
of 1907, he was comparatively a
stranger to the people of the county.
He had been a successful prac-
ticing attorney in the city of Pough-
keepsie for more than twenty years,
and had filled successively the offices
of Justice of the Peace, Recorder
and City Judge in Poughkeepsie, at-
taining among the lawyers of that
community a distinction which won
for him the Republican nomination
and election to the Supreme Court
bench in the Ninth Judicial District.
Judge Morschauser had presided in
the courts of Westchester County but
a very short time before he had com-
manded the confidence and affection
of the members of the bar and the
good opinion of all who came in con-
tact with him. He soon came to be
known as an honest, capable, and
sympathetic, yet dignified. Judge, a
student of the law and of human na-
ture, and a man of great feeling and
tenderness of heart. As the people
of Westchester County learned more
of Judge Morschauser, they were bet-
ter able to understand the reason for
his popularity and success in the com-
munity where he had spent his life
and which gave him to the bench of
this district.
Born of sturdy, thrifty German
parentage on a farm a few miles
from Poughkeepsie in 1863, and
learning, as a poor, hard-working
boy, the great lesson of industry and
self-reliance, Joseph Morschauser re-
ceived from his father and mother an
upright character, vigorous intellect,
152
MANUAL AXD CIVIL LIST.
robust physique and consuming am-
bition.
Desiring to become a lawyer, he
left the farm, went to work in the
city, earned the money which paid
for his schooling, and in three years
had met the educational tests which
enabled him to begin the study of
law in the office of County Judge
Daniel W. Guernsey. In 1884 he was
admitted to the bar, and one of the
three examiners, appointed by the
late Justice Barnard, of Poughkeep-
sie, who passed on the young man's
qualifications, was the Hon. Isaac X.
Mills, who, at a subsequent date, was
nominated for Supreme Court Jus-
tice on the same ticket with Joseph
Morschauser.
During the twenty-three years in
which he was engaged in the practice
of law in the courts of Dutchess
County, Judge Morschauser took part
in the most important litigations and
was highly successful in winning
judgments for his clients. A born
fighter and indefatigable worker, he
never went into court without having
his case thoroughly prepared, and it
was seldom that an adversary was
able to surprise him. If there were
surprises, they were usually in favor
of his client, for Joseph Morschauser
knew every strong point in his own
case and every weakness of his op-
ponent.
In 1884 he was elected Justice of
the Peace in Poughkeepsie, and, after
two terms, was elected Eecorder of
the city, an office in which he was
brought intimately into contact with
all phases of human nature, and in
wEich he was immensely successful
in dealing wisely and justly with the
great variety of cases that came be-
f oiT^ him every day.
When the social evil in Poughkeep-
sie made it necessary for him to
choose between the citizens who had
taken a stand for law and order and
the element who were profiting from
the evil, with their powerful and
threatening friends, Judge Mors-
chauser strictly enforced the law and
sent the dive-keepers to jail.
Later, the office of Eecorder was
changed by the Legislature to City
Judge, but without change in the
incumbent, and Judge Morschauser
was successfully occupying that office
when, in 1906, he was called to the
more important duties and broader
popularity of the Supreme Court.
The Fordham University, at its
sixty-fifth annual commencement,
held in June, 1910, conferred upon
Justice Morschauser the honorary de-
gree of Doctor of Laws.
The parents of Judge Morschauser
were Joseph and Henrietta (Rotman)
Morschauser, both of whom were na-
tives of Germany, He married,
January 27, 1889, Miss Katherine W.
Bauer, daughter of Joseph Bauer, a
merchant of Poughkeepsie, They
have one son, Joseph C. H. Mors-
chauser, aged fifteen years, who is
a student at Riverview Military
Academy in Poughkeepsie.
Hon. ISAAC X, MILLS.
Isaac X. Mills, a Justice of the
Supreme Court of the X'inth Judi-
cial District, was born in Thompson,
Windham County, Conn., on Septem-
ber 10, 1851.
At the age of seventeen he entered
the Providence Conference Seminary,
at Greenwich, Rhode Island; taught
district school, working evenings to
keep up with his class; graduated in
1870. Graduated from Amherst Col-
lege in 1874. In 1876 graduated
from Columbia College Law School,
and in the same year was admitted
to the bar and became a resident of
Mount Vernon, in this county. Was
a member of the legal firm of Mills
& Wood until 1882, Made a reputa-
tion as a trial lawyer. In 1883, at
the general election, he was chosen
County Judge; this position he re-
tained until 1896. He was elected a
State Senator and served during the
years 1901-2 — a two years' term. In
1906 he was elected to his present
position.
He is a student, well learned in the
law, and is considered one of the
ablest jurists in the State. He has
had the deciding of many important
cases, involving intricate questions
of law, and his decisions have been
generally upheld,
Hon, WILLIAM P. PLATT.
William Popham Piatt, County
Judge, former District-Attorney, etc.,
was born in White Plains (where he
yet resides), on May 16, 1858, a son
of Judge Lewis Canfield and Laura
(Sherbrook Popham) Piatt.
MANUAL AND CIVIL LIST.
153
His father was a lawyer of the old
school and highly respected for his
many good qualities, and was the
first person elected as Surrogate of
this County.
He comes of good Eevolutionary
stock, relatives on both his paternal
and maternal sides having served in
the Continental Army. His father's
grandfather was an able offi-
cer serving in Col. Pierre Van Cort-
land's Third Westchester Militia
Regiment. Another relative, Jona-
than Piatt, was member of the Com-
mittee of Safety and member of the
Convention forming the State.
His maternal grandfather held the
office of Postmaster in Scarsdale in
1850 and later.
He was educated in the public
schools of his native town, and on
graduating began the study of law
in the office of his father, who had
for clients most of the prominent
residents in the County. It is said
that many a tarmer felt as if he could
not rest easy unless his will had been
drawn by Lawyer Lew. Piatt, of
White Plains. The present Judge
Piatt can credit much of his popu-
larity to the well wishes of these
men, irrespective of political party
association, and relatives who were
loyal admirers of his father.
In 1879 Mr. Piatt was admitted to
practice at the bar, and in the same
year his father made him his partner,
under the firm name of L. C. and
W. P. Piatt, and the new firm con-
tinued in the confidences of the pub-
lic. When the elder member of the
firm died, in 1893, his son succeeded
to the practice, which had steadily
grown; soon after Mr. Piatt formed
a partnership with Farrington M.
Thompson, and the firm of Piatt &
Thompson took a position of promi-
nence; the partnership continued un-
til Mr. Piatt took office as County
Judge in 1902.
The firm of Piatt & Thompson had
an extensive practice in the Surro-
gate's Court. As a criminal lawyer,
Mr. Piatt developed with the years,
and in many important criminal cases
tried in the County he figured for
the defense successfully.
The ability he displayed in con-
ducting eases attracted attention,
and as a result he was, in 1890, asked
to become a candidate for District
Attorney of his home county, on the
Democratic ticket. He was elected,
and at the expiration of the term
he was re-elected, serving until 1896.
In 1895 he was the unsuccessful
nominee of his party for County
Judge; though he ran far ahead of
his associates upon the ticket, he
went down with the other nominees
of the party.
As District Attorney he secured
many indictments and successfully
prosecuted many important cases, in
his endeavor to let no guilty man es-
cape.
On retiring from the District At-
torneyship he appeared for the de-
fense in cases that became quite
famous, such as the Peter James
case, the burglar who was put on
trial for shooting and killing grocer
Walker B. Adams, at Bedford Sta-
tion, on August 19, 1896; in the
case of James Kelly, accused of mur-
dering his father-in-law.
In November, 1901, Mr. Piatt was
the nominee of the Democratic party
for County Judge, in opposition to
Judge Smith Lent, who had just
served a term in that office and was
a candidate for re-election. Mr. Piatt
was elected, he being the only nomi-
nee of the Democratic side success-
ful; this victory in great part being
attributed to personal popularity.
From the time Judge Piatt as-
sumed office the practice in the
County Court began to increase.
When he was called to the bench the
Court had on an average not much
over twenty civil cases on the cal-
endar for each term, and the Court
held only four terms a year, no term
being longer than four weeks. Grad-
ually the business of the Court in-
creased.
In 1908, Mr. Piatt was a candidate
to succeed himself. A movement was
started having for its purpose the
giving of a union renomination, of
both the Democratic and Republican
parties, to Judge Piatt. For some
reason, thought not necessary to ex-
plain, this arrangement fell through,
the Republican Organization deciding
that it was best to nominate a full
ticket including a candidate for
County Judge. The result of the
election proved this refusal to re-
nominate the Judge bad judgment.
Mr. Piatt was re-elected by a
handsome majority, he being the
154
MAXUAL AXD CIVIL LIST.
only nominee on the Democratic tick-
et to "win out. His opponent was
District Attorney J. Addison Young,
considered the strongest man his
party could name for the office. The
lesson this campaign taught was an
important one, that the people are
growing to dislike politics being
mixed up too much with the Judi-
ciary.
The County Court is growing into
importance with every year, and law-
yers are less inclined to shun it. A
capable Judge has much to do with
the apparent change. The term cal-
endar has increased from twenty
cases to one hundred and thirty and
in some terms more. Now seven
terms a vear are held, one term fre-
quently running into the next. So
great is the volume of business de-
manding immediate attention of the
Court, that the same is now in ses-
sTon forty-six weeks during the year.
Judge Piatt is a faithful worker, and
remains on the bench as long as he
is needed there. His almost con-
stant sittings gives him but little
time off the bench to prepare his de-
cisions, which are seldom, if ever,
reversed.
Judge Piatt is a member of the
New York Society of the Sons of
the American Eevolution; his pa-
ternal grandfather, Z. Piatt, served
as a captain in the American Eevo-
lution and his maternal great-grand-
father also served in the same war as
major and aide to Gen. Steuben, and
his maternal grandfather fought on
the right side in the War of 1812.
He is a member of the Medico-Legal
Society of the United States, a mem-
ber of White Plains Lodge, No. 473,
F. and A. M., a member of the Knoll-
wood Club, a member of the Order of
Elks, a member of the Democratic
Club, and other organizations.
Judge Piatt was married on Octo-
ber 1, 1890, to Miss Sara Stuart
Dean, daughter of Mr. and Mrs.
Moses W. and Sara Stuart Dean, of
"VMiite Plains. Of this union there
are two sons, Stewart Dean Piatt
and William P. Piatt, Jr.
Hox. FRANK V. MILLARD.
Frank Vincent Millard, Surrogate,
President of the Board of Education,
former Town Clerk, Supervisor, Presi-
dential Elector, etc., was born Feb-
ruary 27, 1867, in Tarrytown, a son
of James S. and Elizabeth A.
(Purdy) Millard.
He received his preparatory educa-
tion in the Tarrytown public schools
and Irv'ing Institute, entered Yale
College, and graduated in the class
of 1888. He studied law in the
office of his father, one of the lead-
ers of the Westchester County bar;
on graduating from the Columbia
Law School he was duly admitted
to practice on February 13, 1890.
As a lawyer he has had even more
than his share of legal practice, prin-
cipally in Surrogate's Court and clos-
ing of estates.
He had an early start in politics
and from the beginning he took a
prominent place in the councils of
the Republican party. He reversed
the adage, "Old men for counsel,
young men for war. ' ' He was for
both counsel and war.
In 1890, when only a few years
bevond his maioritv, he ran for Town
Clerk, and won by a good majority
in the then Democratic town; he was
re-elected to this office.
In 1892 he won again, running for
Supervisor; his success in this under-
taking surprised the wise-heads. For
some time past none but Democrats
had been elected Supervisor in this
good old town; men with grey hair
and beard and dignified manner,
men fit to counsel a nation, had rep-
resented this staid people in the
County legislative body; now behold
a stripling of a boy, only twenty-
five years of age, is elected, and he
a Republican, too, to appear and
legislate for this the largest town
in the County.
Nevertheless, this victory sent Mr.
Millard's political stock booming.
He was considered by many Republi-
cans as their "coming Moses." He
was level-headed and sensible. He
took his honors meekly. After serv-
ing his term as Supervisor, he stepped
aside, for the time being, to give his
undivided attention to his law prac-
tice, which he prized above politics.
He continued his position as chair-
man of the Republican Town Com-
mittee and representative in the Re-
publican County Committee; in 1896
he was chosen chairman of the County
Committee, later retiring voluntarily
in favor of his friend William L.
Ward.
MANUAL AND CIVIL LIST.
155
He accepted appointment as coun-
sel to the Town Board, to the Board
of Assessors, to the Board of High-
way Commissioners of both the towns
of Greenburgh and Mount Pleasant,
to the Excise Board, to the Board of
Health, to the Tarrytown Village
Board of Trustees, and to various
Village boards; counsel for the town
of Mount Pleasant, counsel for the
County Superintendent of the Poor;
was elected a member of the Tarry-
town Board of Education, which po-
sition he has held for more than
seventeen years, and was, in 1911,
elected president of the Board; trus-
tee and counsel of the Westchester
County Savings Bank at Tarrytown.
He was foreman of Hope Hose Com-
pany, No. 1, eight years, many years
has served as President of the local
Exempt Firemen's Association and
as engineer at the head of the local
fire department. Filled the position
of president of the local Young
Men's Lyceum.
In 1900 he was elected on the Ee-
publican ticket as a Presidential
Elector.
In 1906, when he was but thirty-
nine years of age, Mr. Millard was
elected Surrogate; a young man for
so responsible a position, but the
younger the better, we have found.
Judge Silkman, who had just retired
as Surrogate, was but thirty-six
years of age when he was first
elected.
As a Surrogate, Mr. Millard is very
popular with members of the bar.
He is always found prompt at his
post in the discharge of his judicial
duties. The courtesy, liberality and
generosity, marking his career as a
public official, contribute, in no small
degree, to secure for him the position
which his skill and ability, com-
bined with his admitted sagacity and
tact, fairly entitle him to. He is yet
a valued adviser in the councils of
his party, in which he is highly re-
spected for his ready speech and free
expression of honest opinion, and his
associates in the party organization,
the upholders of the integrity of the
party, admit they owe him much for
the steadiness and power which he
has brought to bear in aid of the
party's best interests.
In 1812 the Westchester County
Bar Association adopted resolutions
asking all political parties to unite
in giving him a renomination for
Surrogate.
He is a Mason of prominence,
belonging to various branches of
the order; besides being a member
of Solomon's Lodge, No. 196,
F. and A, M., is a member of
Irving Chapter, of Westchester Com-
mandery, Peekskill Council, is a 32
degree Mason, member of Mecca
Temple Shrine, of Scottish Rite Con-
sistory of New York, of O. D. O. 's
of Mount Vernon, and has served
as District Deputy Grand Master,
12th Masonic District. Belongs to
the Westchester Lodge of Independ-
ent Order of Odd Fellows. He was
president of the Westchester County
Bar Association, in 1908-9, and while
such inaugurated a movement to es-
tablish a State Supreme Court Library
at White Plains. After the passage
of the law creating such Library, he
was appointed by the Governor as
a trustee, and from the beginning
has been chairman of the Board of
Trustees.
Mr. Millard was married on De-
cember 30, 1891, to Miss Grace Re-
qua, daughter of Isaac Requa, of
Tarrytown. There are three children
— all girls: Grace R., born Septem-
ber 22, 1893; Emily, born October
22, 1896, and Florence, born July 28,
1898.
Surrogate Millard has always re-
sided in Tarrytown.
SUPREME COURT OFFICERS.
Charles J. F. Decker, Croton Falls, Clerk, Part 1 ;
Franklin Montross, Peekskill, Part 2 ;
Harvey Ilusted, White Plains, Stenographer;
William H. Carpenter, Jr., White plains, Stenographer
Chester A. Smith, Peekskill, Stenographer.
156
MAXUAL AND CIVIL LIST.
nARYEY HUSTED.
Han-ey Husted was born in the
year 1854, in the town of Mount
Pleasant, where his father, Nathaniel
W., kept a dry dock and coal yard,
familiarly known as the Upper Land-
ing. He was named after his mater-
nal grandfather, Harvey Palmer, of
Pleasantville.
Mr. Husted has the distinction of
receiving the first official appoint-
ment as Stenographer to the Su-
preme, County, and Surrogate's
Courts in Westchester County, and
has continuously been between the
bench and bar for 35 years.
When he entered the Courts thirty-
five years ago, he says, the older
members of the bar were in the habit
of taking testimony of witnesses in
longhand, with pens made from
the quills of a goose, and the pens
were made while the Court waited,
and each lawyer prided himself on
his ability to make a better pen than
his brotuer lawver, and to take in
full the testimony of witnesses, and
oiten disputes occurred between the
Court and counsel regarding the evi-
dence that had been taken.
The lawyers in the old days looked
upon the stenographer as a base in-
truder, who had intervened between
Court and counsel to rob them of
their reputation to take full notes
of a trial.
Upon one occasion, Hon. Jackson
O. Dykman, through whom Mr. Hus-
ted received his first appointment as
Stenographer to the Special Term of
the Supreme Court, said to an attor-
ney wno was endeavoring to take in
longhand the testimony, ' ' Counsel,
we cannot wait for you to take down
the testimony of the witness."
''Can't wait for me, your Honor?"
' ' Xo, we have a stenographer here. ' '
"Got a what?" "A stenographer,
who writes by sound every word the
witness utters, and whose duty it is
to take full notes of the trial for the
court." "Well, if your Honor
please, how am I to cross-examine
this witness without his testimony be-
fore me?" "I don't know," said
the judge, ' ' you will have to get
alorsr the best you can."
When Mr. Husted was first ap-
pointed, and for several years there-
after, his shorthand notes had to be
transcribed in longhand, and extra
copies made with a copying press,
which was a tedious task.
Mr. Husted had one of the first
typewriting machines manufactured,
and when he delivered his first copy
of testimony in typewriting, the
lawyer did not like it. The type was
all upper case, or capital letters and
the ink from the ribbon filled the
type, blurring the letters, and the
carbon paper smutted.
Inventive genius has done much to
lessen the drudgery of the Court
Stenographer. He dictates his
stenographic notes to a phonograph,
the wax cylinders of which aie
capable of receiving a sufficient num-
ber of words to make four pages of
typewritten matter, and then these
cylinders are given to a type-
writer operator, who places them
on a phonograph, and the spoken
words of the stenographer are re-
produced in the ears of the operator
who makes the typewritten copies.
Mr. Husted says his official life
among the lawyers has been most
pleasant, and declares that the legal
profession supersedes all others, in
that it has so many avenues leading
to distinction.
' ' To which of the professions do
the people look when they need a
statesman?" asks Mr. Husted.
' ' WTien the people of a great muni-
cipality seek a man for Mayor, to
which of the professions do they go?
When the State is in need of a great
physician, do they go to the medical
profession to get a man for Gov-
ernor? Have the Presidents of the
United States been theologians or
physicians? X"ay! they have usually
been men versed in the law. ' '
"We live in a great Eepublic, and
if asked. Have we a King in Amer-
ica? the answer must be, We have,
the Law is King, and that King
should be respected more than it is
feared, and if a time shall come
when that King is not respected, the
Republic will lean to its fall."
See biography of Mr. Husted com-
menced in volume one of this book.
CHARLES J. F. DECKER.
Charles John Frederick Decker,
rierk of the Supreme Court, part
one. He first entered the County
Clerk's office as a deputy on Feb-
ruary 5, 1896. and from that date
to this has steadily increased hie
HARVEY HUSTED
CHARLES J. F. DECKER
FRANKLIN MONTROSS
FRANK E. CLARK
MANUAL AND CIVIL LIST.
157
popularity by intelligent, faithful
service rendered the public. As the
position he holds grew in importance,
his ability proved equal to the de-
mands of increasing responsibilities.
In addition to sketch published on
page 165, volume one, of this booK,
relative to Mr. Decker, much can be
added testifying to an honorable
career, steady and reliable.
He has, through the years interven-
ing, with credit to himself and profit
to those he served, filled many posi-
tions of trust, performing duties not
immediately connected with his offi-
cial positions.
He is a trustee of the Home Sav-
ings Bank of White Plains; secre-
tary and treasurer of the Higley
Machine Company of Croton Falls.
Is prominent in the Masonic Order;
a Forester; a member of the local
Automobile Club, and associated
with other fraternal and local social
organizations. Is a trustee of the
Croton Falls Baptist Church and
Public School. A member of the
Republican Club of New York city,
and of the Westchester County
Chamber of Commerce, in the latter
organization is a member of the
Council Board representing the town
of North Salem.
Mr. Decker was married on April
18, 1900, in the Croton Falls Bap-
tist Church, to Miss Clara V. Gre-
gory, daughter of Charles B. and Ida
(Cole) Gregory. Of this union there
are two doughters, Madeline L., and
Charlotte G.
FRANKLIN MONTROSS.
Franklin Montross, Supreme Court
Clerk, was born in Peekskill, July
19, 1873, a son of David G. and
Caroline Harriet (Yocom) Montross.
He has always resided in Peekskill;
was educated in private and public
schools of that place. Was four
years connected with the livery busi-
ness of his father in the home vil-
lage.
His political career began with his
accepting an appointment as private
secretary to Hon. James W. Hustea,
of the State Assembly, and clerk of
the Assembly Committee on Insur-
ance, at Albany, in 1896 and 189T.
In 1898 he was special index clerk
in the County Register's office, under
Register Thomas R. Hodge, at
White Plains. In the same year he
entered the County Clerk's office as
recording clerk. In 1899 he was ap-
pointed Special Deputy County Clerk
ana assigned to Supreme and County
Courts as clerk alternately; in 1907
was assigned as clerk to part two
Trial Terms of the Supreme Court,
where he is at present. He is
second oldest employe connected with
the present County Clerk's office, in
point of service.
Mr. Montross is prominent in fra-
ternal and social organizations; is
a member and Past Grand of Cort-
land lodge of Odd Fellows, No. 6;
Past Captain of Sons of Veterans,
a member of the B. P. Order of Elks;
a member of the Republican Club of
New "Vork city; a member of the
Imperial Club of Peekskill; a mem-
ber of the Highland Boat Club, and
a member of the Elks' Club of
Peekskill.
As a man of affairs it is natural
that he takes active interest in
politics. He is a member of the Re-
publican County Committee and a
leader of the eighth election district
of the town of Cortland.
In September, 1911, Mr. Montross
was chosen chairman of the Repub-
lican Town Committee, of the town
of Cortland, and member of the Re-
publican County Executive Com-
mittee, to fill the vacancy caused by
the death of his father, who held
these positions several years, besides*
being Postmaster at Peekskill.
Mr. Montross was married on Sep-
tember 4, 1900, to Miss Lillian
Chamberlin, daughter of John Met-
lock and Sarah Bowen Chamberlin,
of Brooklyn, N. Y. Of this marriage
there are two children, Harriet, aged
nine years, and Franklin, Jr., aged
seven years.
FRANK E. CLARKE.
Frank Edgar Clarke, lawyer.
Clerk of Surrogate's Court, Village
Trustee, etc., was born on October
26, 1878, in Hillsdale, Columbia Co.,
N. Y., a son of Rev. William
Edgar and Georgia (Wood) Clarke,
his father being a well known Metho-
dist divine. When the subject of
this sketch was quite young his par-
ents removed from Hillsdale. For-
tunately they were in a position to
satisfy the boy's desire for knowl-
edji*^; nfter a preliminary course in
local schools, he attended the New
158
MANUAL AND CIVIL LIST.
York Military Academy, later he vras
sent to the most excellent Syracuse
University, from which he graduated
with honors with the degree of Ph.
B. in 1903.
He determined on law as a profes-
sion, and being a resident of West-
chester County, he entered a law
office in Tarrytown as a student.
He became a resident of "^Tiite
Plains, the County-seat, in October,
1903, and here he continued his
studies. In 1904 he graduated from
the New York Law School, receiving
the degree LL. B., and was ad-
mitted to practice, opening offices in
White Plains.
Mr. Clarke is possessed of a fine
presence, a good constitution and
more than a usual amount of energy;
as a man-of -affairs he has been uni-
formly successful, a result conse-
quent on good judgment rather than
what is sometimes termed " good
luck." In politics he has ever taken
a deep interest. He is a staunch Re-
publican, preferring principle to po-
sition, and doing yeoman's service
in whatever he undertakes.
He is a good representative of the
*' young men in politics." His
popularity suggested his election as
a Village Trustee in 1906; in this
position he has served two years.
In 1908 he accepted the position of
assistant to the District-Attorney;
he became Deputy Clerk in the Sur-
rogate's Court in 1909, and in 1911
he was promoted to the position he
now holds. Clerk of the Surrogate's
Court.
In the fall of 1910 he was urged
to again accept nomination of his
political party for the Village
Trusteeship, as his political friends
needed him to secure a victory. He
was elected to serve two years more
as a '' Village Father.''
The taste that was acquired by his
early training, inclined Mr. Clarke
to see service in the State Militia.
He is a Mason, and is an Elk, be-
ing a member of the local lodges;
is a member of the College Frater-
nity Delta Kappa Epsilon; a mem-
ber of the Graduate's Club; a mem-
ber of the Town and County Repub-
lican Committees, and a member of
the New York Republican Club.
Mr. Clarke was married July 30,
1909, to Miss Miriam A. Grasse,
daughter of Mrs. Mary R. Grasse, of
New York city. (The bride's late
father, Henry Grasse, was a promin-
ent New York lawyer, and at one
time chairman of the Republican
Committee of New York County).
One child, a son, David Arvine
Clarke, born June 2, 1910, has come
to bless this union.
COURT INTERPRETER.
Armand R. Stainach, of AVhite Plains, who held this position
since 1886, died at his home on October 17, 1911, aged 94 years.
He first entered the County's service in 1861, being appointed
Index Clerk in the Register's office: later he became a
Clerk in the County Clerk's office and Interpreter to all Courts.
(See biography, page 167, vol. 1.)
UNITED STATES SUPREME COURT JUSTICES.
President Taft within three years appointed a majority of the
United States Supreme Court, including a Chief Justice. It is
a record which has not been equalled in a like space of time since
President AA'ashington. It is a record which has not been
equalled by another President in any space of time save by
Washington, Jackson and Lincoln.
MANUAL AND CIVIL LIST. 159
President Washington in eight years had the naming of twelve
Justices, including Chief Justice Jay, Rutledge and Ellsworth.
President Jackson, in eight years, named five, including Chief
Justice Taney. President Lincoln in four years also named five,
including Chief Justice Chase. But President Grant in eight
years appointed only four, including Chief Justice Waite, while
President Cleveland in his two separate terms appointed four,
including Chief Justice Fuller.
With President Washington came the original organization
of the Court. With President Jackson an old political era ended
and a new began. With President Lincoln the Court was
affected by the Civil War. But with President Taft a chapter
of natural causes unrelated to politics operated to deplete the
Supreme Bench and make up for him this remarkable record.
The last appointment by President Taft as Associate Justice of
this Court was that of Chancellor Pitney of New Jersey, in 1912.
ITEMS OF INTEREST.
The waters of many of the lakes and streams, in Westchester
County, acquired by the City of New York to contribute to that
city's water supply, were well stocked with trout, bass, perch
and other desirable fish. When it was found necessary to drain
a lake, as in the case of Kensico Lake, in August, 1911, the fish
had to be removed to save them from perishing. The Daniel
Gray Fishing Club of White Plains contributed $300 to help
defray the expense of transporting the fish from Kensico Lake
to Rye Lake in the town of Harrison. The Board of Super-
visors, on August 7, 1911, appropriated $200 for this same pur-
pose and $100 additional on condition that some of the fish from
Kensico Lake be conveyed and deposited into the Grassy Sprain
Lake at Yonkers.
The original wigwam of Tammany Hall was located in Bow-
ling Green and then on the corner of Nassau and Spruce Streets ;
the association's first regular habitation was built in 1811, at
the corner of Park Row and Frankfort Street; in 1868 the
Society removed to Fourteenth Street, New York, where "head-
quarters" has since been maintained. The Democratic National
Convention, in 1868, was held in this hall, which as a political
shrine has come to occupy a place in public fame perliaps next
to Boston's own Fanueil Hall.
COUNTY BAR ASSOCIATION.
The Westchester County Bar Association was organized on
March 7, 1896, with the following named incorporators: Wil-
liam H. Robertson, Theodore H. Silkman, Gideon W. Davenport,
Francis Larkin, AVilliam A. Woodworth, I. N. Mills, J. Addison
Young, H. T. Dykman, R. E. Prime, D. Wiley Travis, Richard
S. Emmet, Herbert D. Lent and Charles Haines.
Judge William H. Robertson was elected first President, and
Gideon W. Davenport, Francis Larkin and R. E. Prime were
elected Vice-Presidents; William A. Woodworth, Corresponding
Secretary; Charles Haines, Recording Secretary, and Joseph
S. Wood, Treasurer.
Gideon W. Davenport, who was Supervisor of the town of
New Rochelle and Chairman of the Board of Supervisors, as
well a lawyer of merit, suggested the formation of this Associa-
tion, and is alluded to as its founder. He did not live to become
its President.
In 1897, Surrogate Theodore H. Silkman was elected Presi-
dent ; with former Vice-Presidents, etc.
In 1898, Surrogate Silkman was re-elected, with Joseph
S. Wood, W. A. Woodworth and D. Wiley Travis as Vice-
Presidents.
In 1899, Joseph S. Wood, of Mount Vernon, was elected
President, with Joseph F. Daly, Francis Larkin and W. A.
Woodworth as Vice-Presidents.
In 1900, Joseph S. Wood was re-elected; Joseph F. Daly,
John M. Digney and Charles Haines were elected Vice-
Presidents.
In 1901, Joseph F. Daly, of Yonkers, was elected President,
and George C. Appel, AVlison Brown, Jr., and Henry R, Barrett
were elected Vice-Presidents.
In 1902, Wilson Brown, Jr., of White Plains, was elected
President, and George C. Appel, Henry R. Barrett and John
Gibney as Vice-Presidents.
In 1903, Wilson Brown, Jr., was re-elected President, with
John Gibney, J. M. Wainwright and W. W. Scrugham as
Vice-Presidents.
160
MANUAL AND CIVIL LIST. 161
In 1904, J. Mayhew Wainwright, of Rye, was elected Presi-
dent, with W. W. Scrugham, W. Samuel Johnson and Frank
L. Young as Vice-Presidents.
In 1905, J. M. Wainwright was re-elected President, with
John F. Brennan, W. S. Johnson and Frank L. Young as Vice-
Presidents.
In 1906, John F. Brennan, of Yonkers, was elected Presi-
dent, with Frank V. Millard, John C. Ten Eyck and Stephen
Lent as Vice-Presidents.
In 1907, John F. Brennan was re-elected President, with
Frank V. Millard, John C. Ten Eyck, J. Addison Young and
J. Alvord Peck as Vice-Presidents.
In 1908, Frank V. Millard, of Tarrytown, was elected Presi-
dent, with John C. Ten Eyck, J. Addison Young, J. Alvord
Peck and Frank L. Young as Vice-Presidents.
In 1909, Frank V. Millard was re-elected President, with same
Vice-Presidents re-elected.
In 1910, former District-Attorney J. Addison Young, of New
Rochelle, was elected President, with John C. Ten Eyck, Her-
bert D. Lent, Frank L. Young, J. Alvord Peck as Vice-Presi-
dents; William R. Condit, Secretary, and Anson Baldwin,
Treasurer.
In 1911, J. Addison Young was re-elected as President, with
John C. Ten Eyck, J. Alvord Peck, Herbert D. Lent and Frank
L. Young as Vice-Presidents ; Oscar LeRoy AA^arren, Secretary,
and Anson Baldwin, Treasurer.
SUPREME COURT LIBRARY AT AVHITE PLAINS.
The law establishing a Supreme Court Library at White
Plains became effective May 18, 1908. (Chap. 304, Laws of
1908.)
Entitled ''An act to establish a law librarv in the Ninth
Judicial District, to be located at AVhite Plains, and which
shall be designated as ' the Supreme Court Library at White
Plains.' "
The said library shall be under the care and management of
a Board of Trustees, consisting of five members, who shall be
appointed by the Governor, from among the members of the
Westchester County bar, who shall have practiced law for at
least ten years. Upon the passage of this act the Governor
162 MAXL'AL AND CIVIL LIST.
shall appoint one of said Board of Trustees who will serve one
year, one two years, one three years, one four years, one five
years. At the expiration of such terms the Governor shall
appoint successors to said trustees, who shall serve five years
and until their successors have been appointed.
The Librarian of said library shall be a regularly admitted
attorney and counsellor-at-law, who has practiced law for at
least five years. To be appointed by said Board of Trustees
and shall hold office during the pleasure of said board. Salary
to be fixed by the Board of Trustees, and to be paid in monthly
installments by the Treasurer of Westchester County, out of
moneys raised in said County for court expenses, upon the cer-
tificate of a Supreme Court Justice of the Ninth Judicial
District."
In pursuance with this statute, Governor Hughes appointed
the following named members of the Westchester County bar
as Trustees: Surrogate Frank V. Millard, of Tarrytown, Presi-
dent of the Bar Association : ex-District- Attornev J. Addison
Yoimg, of New Rochelle ; John F. Brennan, of Yonkers ; Nathan
P. Bushnell, of Peekskill, and David H. Hunt, of White Plains.
To decide length of term of office of each, the Trustees agreed
to draw lots, with the following result: Mr. Bushnell, to serve
one year, term expiring December 31, 1909 ; Mr. Brennan, to
serve two years, term expiring December 31, 1910; Mr. Young,
three years, term expiring December 31, 1911 ; Mr. Hunt, four
years, term expiring December 31, 1912 ; Mr. Millard, five years,
term expiring December 31, 1913. At expiration of Mr. Bush-
nell's term, at the end of 1909, Governor Hughes reappointed
him for the full term of five years. Mr. Brennan was also re-
appointed at expiration of his term.
Mr, Millard was chosen chairman, which position he continues
to hold.
At the organization of the Board of Trustees, William A.
Woodward, a practicing lawyer of White Plains, was appointed
Librarian, at an annual salary of $2,000.
The Library was opened to the public December 1, 1909, and
is located in the County Court House, in spacious rooms espe-
cially constructed, connecting with the various court chambers.
The establishment of this library was suggested by Mr. Mil-
lard when president of the County Bar Association. The legis-
lative bill authorizing the same was drawn by David H. Hunt,
now one of the Trustees.
ASSURED UNANIMOUS RE-ELECTION.
Supreme Court Justice Martin J. Keogh is surely favored
among men. To prove this we may be permitted to submit in
evidence the following: " May it please the jury," our readers,
to know the story relating to certain proceedings happening
in the Westchester County Court House, at White Plains, in
September 28, 1909, proceedings that proved specially interesting
and impressive as they were also unusual in the county's politi-
cal history — the peaceful coming together of two antagonistic
political bodies to consummate an amicable arrangement cul-
minating in a union on the nomination of a member of one of
these political organizations.
Two separate nominating conventions were held, and in each
a distinguished representative of his party presided, seated
upon a rostrum over which, on the wall, hung the motto, ' ' Peace
and Good Will Unto Men;" flanked on one side by another
motto, bearing the words, " Love Thy Neighbor as Thyself,"
and on the other side by the motto, ' ' Brotherly Love Binds All. ' '
The cause for all this was the desire to commend the faithful
services of an efficient public official. The effect was the unani-
mous nomination, by both the Democratic and the Republican
political parties, of Martin J. Keogh for Supreme Court Justice,
for fourteen years more.
Surely he is favored among his fellows.
As the Justice is marked as a Democrat, for identification,
the Democratic Judicial Nominating Convention was the first
held. It was organized, at noon, by electing as chairman M. M.
Kane, of Orange County, who had himself been a Democratic
candidate for Justice of the Supreme Court at the preceding
election.
Hon. John F. Brennan, of Yonkers, one of the most intimate
friends of Justice Keogh, who had at a previous election also
been a candidate of his party for Justice, made the nominating
speech, as follows:
^^ Gentlemen of the Convention: I am honored in being per-
mitted to express here your wish, and that duty is made
163
164 MANUAL AND CIVIL LIST.
extremely simple, but none the less pleasant, in the knowledge
that the nominee of this Convention has already been named
by the people and will receive practically the unanimous vote
of the district.
Fourteen years ago an advocate renowned for courage, skill
and eloquence was nominated on the Democratic ticket in the
old Second Judicial District, and in that year of Republican
victory was elected. By that election the Bar was deprived
of a gifted son that the Bench might be enriched. Fourteen
years of service as Judge have demonstrated in frequent repeti-
tion, the wisdom of that selection and will make it to-day the
duty, as no doubt it is the pleasure, of the delegates to the
Republican Judicial Convention to second our good resolution
and make his nomination unanimous.
I might here very well stop, for what speech is needed to
present the name of Martin J. Keogh in this Convention.
AVhat can I say that has not been many times voiced by each
one of you, and that even now hangs trembling on your lips,
swelling from hearts filled with pride in the man, and affection-
ate regard. This very court room lends itself to the appropriate-
ness of the selection. This room that has witnessed the tri-
umphs of his forensic skill. This Bench around which cluster
memories and traditions of that great Chief Justice of the old
General Term, the revered Barnard and his associates of tender
memory, our o^^ti Dykman and Pratt, the mighty Cullen, now
Chief Judge of the Court of Appeals, and his learned and
worthy associate Bartlett, our present able Chief Justice Hirsch-
berg of the Appellate Division and his distinguished associates,
Gaynor and Jenks.
AYe present here as a candidate to-day, a man who is a peer
of the greatest of them, a man who measures up to the high
standard that should be set for this great office: a man who has
a heart as well as a head; who is keen to feel sorrow with the
sorrow^ful, and gladness with the happy; whose mental make-up
has not become strained in the endeavor to apply technical
rules ; who has a broad and clear vision to see the truth, and
a fearless courage to express it ; who announces law and makes
decisions instinctive with life. He may sometimes err, it is
a part of humanity to do so, but his decisions, whether sitting
in a Court of Equity or in a Court of Law, ruling upon ques-
tions or charging juries, are the decisions at all times of a
learned Judge, never dictated by unjudicial influence. It has
MANUAL AND CIVIL LIST. 165
been said that no Judge can live in the annals of his profession,
who cannot win the confidence and esteem of the Bar.
To-day it is my great fortune to present for renomination a
man who has earned that confidence, who would be a great
Judge, even though all our law books were burned; whose
instincts are true and of an order high and noble; whose life
has been sweet in the aspiration for better things, and with
all, possessed of a modesty so great that it places me under
restraint in performing this duty.
I present for the approval of this Convention, the most
skillful and eloquent advocate who has ever appeared at the
Westchester Bar, a very learned and humane Judge, a man
who has made even the losing of a case a pleasure ; our neighbor
and friend Martin J. Keogh. "
This nomination was ably seconded by several delegates rep-
resenting the five counties within the Judicial District, the
addresses being highly complimentary to the gentleman proposed.
On motion, the nomination of Mr. Keogh was made by accla-
mation; all delegates giving assent by rising in a body.
The Convention then adjourned, to meet in joint convention
with delegates to the Republican Judicial Convention.
The Republican Judicial Convention convened one hour later,
in the very court room where the Democratic Judicial Conven-
tion had been held. James M. Hunt, former Corporation Coun-
sel of Yonkers, was chosen as presiding officer, and after the
organization was completed, announcement was made to the
efiiect that the object of gathering was the placing in nomina-
tion of a candidate for Justice of the Supreme Court, to
succeed Martin J. Keogh, whose term of office was about to
expire.
Former District-Attorney J. Addison Young, of New Rochelle,
arose to address the convention and was recognized by the
chairman. Mr. Young spoke as follows:
^'Mr. Chairman and Gentlemen of the Convention: A very
pleasant duty was allotted to me when I was given the honor,
that many would covet, of naming to this assembly the man
whom we all believe is worthy of being named in connection
with a nomination we have been called here to make.
** The Republican party, represented in judicial convention,
pays to-day its highest tribute to an honored Judge.
166 MANUAL AND CIVIL LIST.
'' Three years ago the Ninth Judicial District held its first
convention in this place. Justice ]\Iills, Justice Tompkins and
Justice Morschauser were then enthusiastically nominated and
a few weeks later triumphantly elected and are now serving
the people of this district with ability, respect and honored
by all.
'' It was demonstrated then, and I think is generally con-
ceded, that this district is a Republican district and that a nomi-
nation upon that ticket will generally insure election.
" Furthermore, it is apparent that at the bar of the coun-
ties comprising this district there are many eminent and learned
lawyers, fully qualified for judicial positions.
" Yet under these circumstances we, Republican lawyers, are
met here to-day with a purpose of nominating for Judge of the
Supreme Court a man in political faith opposed to us.
" In doing this, we bestow a high honor upon our choice and
at the same time ennoble and enrich the party to which we
belong.
'^ It is said that the Republican party can be depended upon
to do the right thing at the right time, and this, I believe, is
because of the fact that it is generally the endeavor of that
party to do what is right.
" I believe that what we are about to do here to-day is being
done because no other course would be right, politically or
otherwise.
'' The man here to be nominated has served as our Judge for
fourteen years, and during all that time has held the scales
even, never stooping to see or stopping to inquire as to the
political affiliations of those before him. Even-handed justice
has always been his watchword, and to-day, in making this
unanimous nomination, we are simply obeying the rule as laid
down by him during the past fourteen years.
'' But, beyond the fact that Judge Keogh deserves a renomi-
nation and that any other course on our part would be wrong,
we find this duty in his case most delightful.
" There are no party lines among the people of this district
in their love and affection for the Judge. His many qualities
of head and heart have endeared him to us all. We admire his
abilitv, we honor his character, but we love the man.
" The young lawyer has been encouraged and helped by his
patience and kindness. His humor has enlivened many a dull
case. His knowledo:e of human nature has made the course of
MANUAL AND CIVIL LIST. 167
justice plain. We have often been beaten before him, but have
usually gone home contented, instead of to the nearest tavern
to ' cuss ' the Judge.
'' As was said of Charles James Fox—' His intellect is all
feeling and his feeling all intellect.'
" To-day everything that can make life honorable, every-
thing that can make life happy — respect, success, the con-
sciousness of usefulness, the regard of his fellow-men— all are
his.
*' The promise of the Hebrew prophet is again fulfilled. ' If
thou wilt walk in my way, and if thou wilt keep my charge,
then thou also shalt judge my house and shall keep my courts,
and I will give thee places to walk among those that stand
high. '
'' As Judge Keogh's neighbor and friend, I am honored in
presenting his name as the Republican candidate for Justice
of the Supreme Court.
> ?
Hon. Frank V. Millard, Surrogate of Westchester County,
recognized among his political associates as '^ the instigator "
of Justice Keogh's nomination by the Republican party, was
called upon, unexpectedly to him, to second the nomination
made by the former District- Attorney.
The young jurist, on rising to comply with requests for a
speech, was greeted with hearty applause by his fellow delegates.
The Surrogate delivered his offhand, impromptu address in
his usual happy, jocular vein, in keeping with the joyous spirit
that prevailed in the Convention.
(<
Mr. Chairman and Gentlemen of the Convention: I was,
until now, uninformed as to my being regularly assigned to
appear on either side of this action; therefore, I am caught
without preparation or opportunity to prepare a brief. How-
ever, I will attempt in talking to make necessary brief.
'' In fact, I will not endeavor to give evidence of ' a big
spoke and a long tire to the waggin' of my tongue,' as some
poet has said.
' ' As I understand it, this action is brought in the name of the
people, demanding the retention within certain ' limits ' of a
certain man, for a term of fourteen years.
" That this is not a ' John Doe ' proceeding is manifest,
owing to the fact that the name of the man we are seeking is"
168 MAXUAL AND CIVIL LIST.
well known to all of us. He has had a fair trial and on his
own motion secured many adjournments, running through
years: therefore, this body, sitting as a ' Court of Last Appeal,'
can, without hesitation, be asked to confirm the action of the
Court " below,' which, this morning, heard the case on behalf
of the People and passed judgment.
" It may, your honor, 'Mv. Chairman, be an unusual pro-
ceeding, but I make motion that, first, a sentence of fourteen
years be passed, and, second, that the sentenced one be brought
here before us and be required to answer whether or not he w411,
kindly, accept and serve so long a term of retention, and on his
decision rests the confirmation of sentence.
'' Mr. Chairman, I beg that you will pardon me if I appear
given to more levity than the occasion warrants. My excuse
is that I am full to overflowing with the extraordinary good
feeling displayed in connection with this joint nomination of
the able jurist who has so many years honored our County,
and the judicial district, while serving as a Supreme Court
Justice.
" It is a pleasure to me at this time to stand up and second
the nomination of Judge Keogh; and it was just as much
pleasure to me, nearly two j^ears ago, when presiding at the
Bar Association dinner of this countv, to suggest that which is
happening now should take place: indeed I went further and
said that the fact that Judge Keogh would succeed himself
was a forecrone conclusion.
" AVe like Judge Keogh for many reasons. First, because
of the fact that he was just the same when he got on the
bench as he was when we used to sit here practicing law
together. He never forsrot that he himself was once in that
position. We like him because of the fact that he could beat
any one of us and make us feel very much as if we had won.
You have often heard him sav to some one in the court room
after he had decided against him, ' that was a great victory,
young man, that you had this morning:' and we like him for
that sentence which he often uttered from the Bench, and
which it has been our pleasure to listen to : ' Yes, we will go
on with this case : we will give speedy and exact justice. '
" I can't help it. 'Mr. Chairman: you must pardon, if not
me, the happy spirit which compels me to relate stories in
illustrating points in my brief.
MANUAL AND CIVIL LIST. 169
" I am convinced that you gentlemen, who have for years
associated with our brilliant Justice, and been made satisfied
by his good-natured jests and ready wit, even if he finally
decided against you, and you have gone off with his admoni-
tion, ' Don't take life too seriously, young man,' ringing in
your ears, will recognize this occasion to be one of unusual
mutual rejoicing, when even my jokes, though you have heard
them before, are admissible. This is certainly a joyous time,
similar, perhaps, to that when even the Constitution was not
permitted to stand between friends.
" On this occasion we are endeavoring to reflect that good
nature and happy disposition of which our proposed nominee
is so richly endowed.
" Some one may, in the hereafter, refer to this joint action
of two warring political bodies as an illustration of the sacred
story of the lion and lamb getting together and an innocent child
leading them. Again I give hearty accord to this nomination. ' '
The committee, consisting of one from each party, appointed
to notify the nominee and escort him before the joint conven-
tion, waited upon Justice Keogh, who was in the Judges' room,
off the old Court Room, where the convention had been held.
When Justice Keogh entered the room, escorted by the com-
mittee, he was greeted by hearty hand-clappings, the many in
the crowded room vieing with each other in attempts to manifest
their pleasure in being permitted to take part in so unusual
a ceremony, the like of which was never before witnessed in
this judicial district, if anywhere else in the State. Political
party lines were eliminated for the time being; Democrats and
Republicans were so intermingled that it was almost impossible
to distinguish one from the other. It was a spontaneous out-
pouring of good feeling expressed in honor of the worthy
jurist who had inspired it.
Justice Keogh took his place upon the Bench before which
he had appeared in years gone by as a most successful pleader,
and where he had sat at different periods during nearly four-
teen years past. He spoke in a tone usually used by him when
addressing a jury; several times he paused during the delivery,
as if the grandeur and sentiment of the occasion were over-
coming him, and he had difficulty in controlling his emotions.
Chairman Hunt in presenting him to the Convention said :
170 MANUAL AND CIVIL LIST.
^* Gentlemen of the Judicial Convention: It is with the
greatest pleasure that I shall present to you presently, your
candidate for the office of Justice of the Supreme Court for
the Ninth Judicial District. Some of us used to meet him before
he was elected to the bench, and then we met him at the bar
and our meetings were not always pleasant to us, but during the
last fourteen years, we have all of us met him while he has been
upon the bench, and those meetings have always been most
pleasant.
' ' Gentlemen of the Convention, I present to you your nominee
by unanimous choice, for Justice of the Supreme Court of the
Ninth Judicial District."
After the plaudits of greeting had subsided sufficiently to
permit his being heard, the Justice said:
" Fourteen years ago I was named by the Democratic Judi-
ciary Convention as its candidate for Justice of the Supreme
Court in the old Second Department. I was elected to that office.
" To-day another Democratic Judiciary Convention renomi-
nated me for the same office, and a Republican Judiciary Con-
vention, representing my Republican fellow-citizens, have united
in making that nomination unanimous. By so doing you have
sounded a note in favor of a non-partisan judiciary which will
re-echo throughout the Ninth Judicial District for all time.
You have plucked the high office of Justice of the Supreme
Court out of the maelstrom of partisan politics.
'' How can I in meager words tell you how highly I value
this honor? It has eYery element that makes it dear to me.
It comes from my professional brethren. It comes from political
allies and from generous political adversaries. Personal vanity
could desire no more. It is a public servant's fullest measure
of compensation.
''It is a great pleasure to me to see the friends and neigh-
bors who were my friends and supporters fourteen years ago
with me to-day. A man who loses old friends is unworthy of
new ones. To the members of the bar of Putnam, Dutchess,
Orange and Rockland Counties I am profoundly grateful for
their unanimous commendation, and these gentlemen will par-
don me if I say I am specially pleased with the support I
received from the members of the bar of my own County of
Westchester, with whom I have lived and labored from my
earliest manhood.
MANUAL AND CIVIL LIST. 171
" Together we tried cases in this old court room. They were
delightful colleagues and honorable adversaries. Together we
toiled to build our homes in this beautiful County, and together
we have reaped the fruit of our labors, if not in great, at least
in sufficient plenty.
"' To find them all with me to-day is a great reward and a
great happiness. Nothing that may come to me in life's mys-
terious changes will I ever value half as much as I do this.
" I must not forget to thank the editors of all the papers in
the Ninth District who, without one note of discord, have
advocated my re-election.
* ' I confess I am proud of all this, yet what can I say or what
can I do but give you my word that during my new term I will
strive as I did during the old to prove myself worthy of the
people's trust— that I will be a Justice of the Supreme Court
for the whole people, upholding justice and mercy, no matter
how feebly they may be defended, opposing injustice and
cruelty no matter how powerfully they may be advocated and
regardless of who or what the suitor may be or under what
sun he may have been born.
*' I have no enemies to punish, no enmities to gratify, no
reprisals to make, and if the roll of the lawyers of the Ninth
Judicial District were called I would not find a man upon it
whom I have not trusted and not one who has shown himself
unworthy of my confidence.
*' I hope in the years to come the mutual confidence and
respect which have always honorably distinguished the rela-
tions between the bench and the bar of the Second Department
will grow stronger and closer and warmer as the years go by,
that when my work is done your judgment of me may be as
generous and charitable as it is to-day and that I may be rich,
happy and blessed in the possession of your respect, confidence
and affection."
At the polls in November, 1909, the people approved his joint
nomination by giving Justice Keogh a unanimous re-election.
IN THE JOURNALISTIC FIELD.
In the United States and Canada there are, in round numbers,
3,000 or more daily newspapers, not to mention those published
weekly. It is estimated that there are 65,000 newspapers and
other periodicals in the world ; 25,000 or more as published in the
United States. The newspaper however is an Italian inven-
tion, the first newspaper was edited by Julius Caesar; he used
the dead walls of Kome to display bulletins of the news— news
carefully colored to suit the political views of J. Caesar. Yet
the first regular publication of a newspaper was Italian, called
"Gazetta," from which comes the English newspaper title
"Gazette."
The first newspaper venture in America was a tragic failure.
Mr. Richard Pierce, of Boston, in 1690, began the publication of
''Publick Occurrences." He declared in his salutatory that
there were too many unfounded and baseless rumors floating
about Boston, and that the mission of his paper was to record
them, and then trace them to their source. Mr. Pierce appears
to be entitled to the honor of being the first journalistic muck-
raker. But those were cruel times, and the Legislature sup-
pressed the sheet after its first issue, solemnly declaring it to be
"a pamphlet which came out contrary to law, and contained
reflections of a very high nature."
A generation later Benjamin Franklin confided to his mother
his intention to start a newspaper. The worthy woman ex-
claimed: "What can you be thinking of, there are two news-
papers in America now!" As a matter of fact there Avere five,
but three of them were so far away that Mrs. Franklin had not
heard of them.
The first daily newspaper in the United States, ' ' The American
Daily Advertiser," appeared in Philadelphia in 1784.
The New York "Herald," founded bv James Gordon Bennett
in 1835, was the first of the modern school of newspapers. In
December of that year a great fire in New York destroyed prop-
erty worth $20,000,000. Mr. Bennett wrote a report of the fire,
with "human interest" embellishments. The people were
astounded, and the story was repeated in the "Herald" the
172
MANUAL AND CIVIL LIST. 173
second day in response to popular demand. Before that time
newspapers had devoted practically all their attention to politics
and political news, and to news from other cities. Local news
was ignored. If a fire occurred, it was supposed that everybody
knew about it already, and that it would be silly to print any-
thing about it. That attitude toward local news is responsible
for the fact that the first voyage of Robert Fulton's "Cler-
mont" was considered to be worth only seven lines in the New
York "Evening Post," and not until after an advertisement of
the rates of passage to Albany was inserted. Mr. Bennett wrote
all about the great fire, and made the great discovery that the
people who see a thing are the very people who most want to
read about it. He made another discovery at the same time,
that "human interest" is quite as much a feature of the news
as is "importance."
These beginnings of the newspaper business were small and
insignificant compared with the journalism of to-day. The
invention of the locomotive and the telegraph, each in turn,
aided enormously in the development of the press. But the
Civil War in America was the most potent factor in the evolu-
tion of the newspaper of to-day. During that conflict the
American newspapers began the use of the telegraph for gath-
ering news, they illustrated their despatches with drawings and
maps, and they learned how to write headlines and turn out
extras.
The next great event in the development of the American
press was the Spanish- American War. It wasn 't much of a war,
as we see it now, but it seemed to be the biggest thing in the
world just then. And the newspapers did seemingly impossible
things every day, which they have continued to do every day
since. The close of the war didn't end the war journalism at
all. For the past decade there has been little change in Ameri-
can newspapers except that they have shared in the wonderful
growth of the nation.
COUNTY NEWSPAPERS OF EARLY DATE.
( (
The art preservative " and the Journalistic spirit invaded
the County at an early period. The earliest Journal of which
w^e have date was the one which appeared in 1817; previous to
that time residents had to depend for record of happenings upon
newspapers published in New York city.
174 MAXUAL AXD CIVIL LIST.
The first specimen of Westchester County journalism was
the Westchester Herald, established in 1817, in Mount Pleasant,
which at that date contained the locality now known as Ossining.
The next newspaper started in hopes of meeting public favor,
and necessary support to keep alive its circulation, was the
Hudson Kiver Chronicle, launched in about the same locality as
its predecessor, in Ossining, in 1836. The Herald held its own
for a considerable number of years and both papers were edited
by men of recognized ability.
The fact that the north section of the County monopolized
the local field of journalism, is explained by the fact that the
north section was more thickly populated than other portions
of the County.
The Westchester Herald was published by Caleb Ruscoe, to
whom is related George I. Ruscoe who has been Supervisor of
the town of Poundridge since the year 1893.
The Hudson River Chronicle displayed at the head of its col-
umns the names of A. H. Wells as editor and M. L. Cobb as
printer; together with the motto: "Pledged to no party's
arbitrary sway, we follow the truth where'er it leads the way."
The Eastern State Journal, established in 1845, by E. G.
Sutherland, is still being issued ; the present editor being Charles
D. Horton.
The next newspaper, and the first to appear in the town of
Yonkers, was the Yonkers Herald, in 1852, and published by
Thomas Smith, w^ho in later years published the first Daily
Newspaper published in the County. On the first page of the
Yonkers Herald, directly under and part of the head-lines, was
the motto : ' ' Independent in all things, neutral in nothing. ' *
Mr. Smith's three sons are now editors and publishers of County
newspapers.
CAPTORS OF ANDRE.
All Honor to Paulding, Williams and Van Wart.
Perhaps no event in the Revolutionary period of our country
bears a more conspicuous place in history than that of the
capture of Major John Andre, the British spy, at Tarrytown,
in Westchester County, on September 23, 1780, by John Pauld-
ing, David Williams and Isaac Van Wart, honest yeomen, resi-
dents of this county. No history of Westchester County
can be complete without mentioning this event so closely
identified with the county and with the patriotic action of
residents.
There is no incident of the American Eevolution, so often
told, so widely known, and so fraught with romance, with
patriotism, and with pathos, as the story of the capture of
Major Andre. Into that story enters all the elements that
survive, in poetic shape, the prosaic sufferings and the puny
passions of war. It is conspicuous among the many adventures
and exploits of the seven years' conflict. First of all for the
magnificent and pictorial exhibit it makes of the staunch, inflex-
ible loyalty of our county yeomen during the Revolutionary
struggle.
Time has commended the virtue and patriotism of Paulding,
Williams and Van Wart, who, in capturing Andre, and in
spurning his golden bribes, proved themselves worthy com-
panions of the noble men who fought and bled in '' the days
that tried men's souls."
When we read this story, and consider all its startling details,
we are impressed by the stern, patriotic dignity of Gen. Wash-
ington, the grace and accomplishments of the unfortunate
Andre, and the daring boldness and vindictive treachery of
Arnold— of that Arnold whose skill and courage shone so con-
spicuously when conducting the expedition against Canada,
through the forests of Maine; overcoming difficulties and dan-
gers that were deemed insurmountable; and whose frantic
bravery, on the plains of Saratoga, made him the favorite
warrior of the people, and rendered more striking the treachery
175
176 MANUAL AND CIVIL LIST.
that cast liim down from the height of American regard to
the lowest depths of scorn and detestation.
At no period during the American struggle for independence
was Westchester County exempt from the evils of war. The
close proximity to New York city and the British army head-
quarters, and easy accessibility for purposes of raiding by the
enemy, kept residents in constant anxiety. The Highlands of
the Hudson constituted the strongholds of the American Army.
While other portions of the country were occasionally invaded,
here the contest was unceasing. The British Government at
all times saw that the full possession of the valley of the Hud-
son, on their part would divide and weaken the power of the
colonists, and would destroy all hopes of their maintaining
the freedom of our country. The greatest effort put forth by
England was confined in its operations to our own territories,
from New York up along through the Hudson Yalle}^; and
she selected for the march of her combining armies the same
avenues through which commerce now pours its full tide, where
the savage made his war path, and where she had struggled
with her ancient foe during the French War. New York was
invaded simultaneously through the valley of the Upper Hud-
son by her disciplined troops under Burgoyne, by her fleets
ascending the river, under Clinton, and by her savage allies
under Saint Leger, who were to exert all their forms of warfare,
and to combine their strength at Albany; thus to separate the
New England States from the rest of the Colonies.
The British power, of twenty thousand well-appointed troops,
held in New York, desired, above all things, first, free com-
munication with its army in Canada ; second, to obstruct inter-
course between the American forces in New England, and
those in New Jersey ; the third, to gain possession of those large
stores, provisions and munitions of war which the Americans
had collected, and without which all further resistance against
the British must apparently cease. All these ends would be
attained by possession of the Hudson River, guarded solely by
the cannon that bristled upon Fort Putnam, and the brave
hearts who, under Arnold's orders, manned the fortress, perched
upon the West Point hills. To wrest that fortress from Ameri-
can hands by superior valor, or by superior power, the British
troops had proved unequal. And John Andre was commissioned
to buy with gold what steel could not conquer; to drive a
bargain with one ready for a price to become a traitor ; to count
MANUAL AND CIVIL LIST. 177
out the " thirty pieces of silver," by which British Generals
and British gentlemen were not ashamed to purchase the betrayal
of a cause, whose shining virtue repelled their power, and
dimmed the glory of their arms.
It was no evidence of commendable valor on the part of
Andre this undertaking of a mission which he believed to be an
easy task. Andre, who had known before her marriage the wife
of General Arnold in Philadelphia — in which city, at the time,
Andre was a leader in society — entered into correspondence
with Arnold and was the agent through whom Arnold bar-
gained, for the price of £6,000 and a commission in the British
Army, not only to surrender West Point, but also to turn over
to the enemy the person of Gen. Washington, of Gen. LaFayette
and all other American Generals he could persuade to be his
guests in the Robinson house, his quarters, on the night of Sep-
tember 26, when the British, it was arranged, would make the
attack. Gen. Washington and other officers were to be sur-
prised in the dead hour of night, while they slept. Following
these important captures, the garrison of West Point was to be
given up. Thus the end of the war was to be secured.
The story here related tells in detail how Major Andre— said
by one of his English enthusiastic friends to have been a valu-
able aid to the British General Clinton, by " putting in motion
the whole machine of war,"— was outgeneraled and captured,
on his return from Arnold, by three farmer boys of Westchester
County, who refused his offered bribes. Papers making clear
the treason of Arnold were found upon Andre's person, who,
by his own frank confession, was convicted as a spy and sen-
tenced to be hanged. And thus he died, at Tappan, on the
west bank of the Hudson, on October 2, 1780, at the age of
twenty-nine years.
Probably no occurrence in American history made as many
aching hearts on both sides of the Atlantic; and Washington
himself, who signed Andre's death sentence as a stern matter
of duty and of justice, was among the most sincere of these
mourners.
Sir Henry Clinton, commander of the British forces in New
York, by the most urgent representations to General Washing-
ton, tried to save his favorite, but in vain. There was but one
way, the surrender of Arnold, then in New York city, to avert
the fate decreed to Andre. This course the British, in good
faith to the traitor, could not take.
178 MANUAL AND CIVIL LIST.
Andre pleaded for a soldier's death, but the Americans held
in remembrance the fate of the young hero, Nathan Hale, who
had been hanged as a spy. Andre died with heroic firmness
and the whole English army went in mourning. Andre's
remains were taken to England and given a resting place beside
Kins's buried in Westminster Abbev. There are few monu-
ments in the most distinguished Abbey which have attracted
more attention than that which commemorates the sad fate of
this young man, scarcely out of his youth.
" AVhat had this young man done to merit immortality?
The mission, whose tragic issue lifted him out of the oblivion
of other minor British officers, in its inception was free from
peril or daring, and its objects and purposes were utterly
infamous."
John Andre, born in London, England, was the son of a
Swiss merchant. Before he had arrived at the age of twenty
years he had become engaged to Miss Honoria Sneyd, a young
lady of singular beauty and accomplishments. Her - parents
forbade the match. Determining to win fame which would
soften the hearts of these relentless parents, Andre, at the age
of twenty, entered the British Army, with the avowed intention
of making a military reputation for himself, and then, when
endowed with honors earned, he would return and claim his
bride. 'Tis said he ever wore her miniature in a locket about
his neck. He was sent to Canada, was taken prisoner at St.
John's, was exchanged and joined the British forces here, and,
because of his brilliant characteristics, became a favorite of Gen.
Sir Henry Clinton, who appointed him his aide-de-camp, and
soon after his Adjutant-General.
Younsr, handsome, clever, full of gavetv, an artist and a
poet, Andre was the life of the British Army. While the troops
of Gen. AYashington were naked and starving at Valley Forge,
Andre was the leader of revels in Philadelphia. When the
British soldiers evacuated that city and went to New York,
Andre went with them and, as before, he was the master of
revels.
Benedict Arnold was born at Norwich, Conn., January 14,
1741. He came of good stock. His father, Capt. Benedict
Arnold, was a seaman, running a trading vessel; his grand-
father, also Benedict Arnold, was the second Governor of Rhode
Island. The father died when he. one of many children,
was but seventeen years of age, at a time when he was, as
MANUAL AND CIVIL LIST. 179
described, ''An uncommonly active, saucy, roguish and impetu-
ous lad, showy and ostentatious, rash, headstrong, regardless
alike of friends and foes." His father left the family " poor
but respectable," and the mother endeavored to do her best
for a large family. Benedict 3d was not a student; on the con-
trary he detested schools on principle; he was of a restless,
roving disposition. At the age of fifteen he ran away from
home to serve in the French War. Through the exertions of
his mother, he was made to return and go to work as an appren-
tice to a druggist, a relative. After serving his apprentice-
ship, he opened a drug store on his own account in New Haven,
Conn. He proved to be a bad business man, and through neg-
lect and personal extravagance he met failure.
When the Revolutionary War broke out, Arnold deserted the
drug business and his creditors, and at the head of the " Gov-
ernor's Guard " hurried to the front where battle raged— he
loved tumult and adventure.
In June, 1778, when Philadelphia was evacuated by the
British, General Washington placed Arnold in command of
that city; the latter was incapacitated for active service by
the wound he had received at Saratoga. This step brought
Arnold into direct contact with Congress and the Executive
Council of Pennsylvania, and doubtless with the proximate
causes of his treason. It required certain tact to deal with
men composing these distinct official bodies, very different from
that which had distinguished Arnold in the field. Arnold was
blunt and self-willed, and deficient in tact. He was accord-
ingly soon at loggerheads with the State government, and lost,
besides, much of the personal popularity with which he started.
His acts caused him to be mobbed on the streets. It was charged
against Arnold that the extravagance of his style of living was
an offence against republican simplicity and a scandal in view
of the distressed condition of the country; that in order to
obtain the means of meeting his heavy expenses he resorted to
peculations and extortion ; and that he showed too much favor
to the Tories. These charges were doubtless not without some
foundation ; no one in Philadelphia kept a finer stable of horses
or gave more costly dinners than General Arnold. He would
have the best, regardless as to who paid the bills. The charge
of favoring the Tories may find its explanation in a circum-
stance which possibly throws some light upon his lavish use of
money. Miss Margaret Shippen, a daughter of a gentleman
180 :maxual axd civil list.
of Tory sympathies, who afterward became Chief Justice of
Pennsylvania, was one of the most beautiful and fascinating
women in America, and at that time the reigning belle of
Philadelphia. When the city was in control of the British,
under Gen. Howe, she had as her ardent admirer the ill-starred
Major Andre, and no sooner had Arnold, the new commandant,
arrived at his post than he was also taken captive. The lady
was nineteen years of age, while Arnold was a widower twice
her age, with three sons; but his handsome face, his gallant
bearing, and his splendid career outweighed these disadvan-
tages, and in the autumn of 1778 he was betrothed to Miss
Shippen, and thus entered into close relations with a prominent
Tory family. For a time he lived in a Tory atmosphere ; that,
under the circumstances, he should gradually have drifted into
the Tory position was, in a man of his temperament, almost
inevitable. His nature was warm, impulsive and easily impres-
sible, while he was deficient in breadth of intelligence and in
rigorous moral conviction; and his opinions on public matters
took their hue largely from his personal feelings. It was not
surprising that such a man, in giving splendid entertainments,
should invite to them the Tory friends of the lady whose favor
he was courting. His course excited the wrath of the friends
of the Continental cause; Gen. Reed, of Pennsylvania, wrote
indignantly to Gen. Greene that Arnold had actually given a
party at which " not only common Tory ladies, but the wives
and daughters of persons proscribed by the State, and now
with the enemy at New York," were present in considerable
numbers. Arnold's conduct invited severe criticism, and he
received it strong. In answer, the impulsive Arnold suddenly
decided to resign his post and leave the army altogether. He
would quit the turmoil of public affairs, obtain a grant of land
in western New York, settle it with his old soldiers, with whom
he had always been a favorite, and lead henceforth a life of
Arcadian simplicity. In this mood he wrote to Gen. Schuyler,
in words which to-day seem strange and sad, that his ambition
was not so much to " shine in history " as to be "a good
citizen:" and about the first of Januarv, 1779, he set out for
Albany to consult with the Xew York Legislature. His scheme
was approved by John Jay and others, and in all likelihood
would have succeeded; but as he stopped for a day at Morris-
town, N. J., to visit Gen. Washington, a letter overtook him,
with the information that as soon as his back had been turned
MANUAL AND CIVIL LIST. 181
upon Philadelphia he had been publicly attacked by the
president of the Pennsylvania Council. Formal charges were
brought against him, alleging improper conduct while in com-
mand at Philadelphia. These charges were promulgated in a
most extraordinary fashion by the said Council's president.
Not only were they laid before Congress, but were sent to Gov-
ernors of all States with a circular letter requesting the Gov-
errors to communicate them to their respective Legislatures.
Arnold was naturally enraged at such an elaborate attempt to
prepossess the public mind against him, but his first concern
was the possible effect it might have upon Miss Shippen. He
instantly returned to Philadelphia, and demanded an investi-
gation. He had obtained Gen. Washington's permission to
resign his command, but deferred acting upon it till the inquiry
should have been ended. A committee of Congress made a
report which Arnold considered vindicated him ; then he resigned
his command. But the president of the Pennsylvania Council
insisted on a further investigation, claiming he had more and
greater damaging evidence to convict. Congress ordered a
court-martial to try Arnold, much to his disgust, claiming that
he was being persecuted by enemies who could not use him in
his official position. The vials of Arnold's wrath were now
full to overflowing; but he had no cause to complain of Miss
Shippen, for their marriage took place in less than a week
after the action of Congress. Gen. Washington, who sympa-
thized with Arnold's impatience, appointed the court-martial
for the first of May, but by the pleadings of the Council of
Pennsylvania the hearing was put off from time to time, much
to Arnold's annoyance. All the time Arnold kept clamoring
for a speedy trial, and his opponents were putting it off on
plea that time was needed to gather evidence. Gen. Washing-
ton did his best to sooth Arnold. It is believed to have been
about that time, at the height of his rage against Congress for
what he considered Congress' ill-treatment of him, in April,
1779, that he wrote a letter to Gen. Clinton, commander of the
British forces in New York, in disguised handwriting and under
the signature of " Gustavus," describing himself as an Ameri-
can officer of high rank, who, through disgust at the French
alliance and other recent proceedings of Congress, might per-
haps be persuaded to go over to the British, provided he could
be indemnified for any losses he might incur by so doing. The
beginning of this correspondence in February, 1779— if that
182 MANUAL AND CIVIL LIST.
was really the time— coincided curiously with the date of
Arnold's marriage, but it is in the highest degree probable that
down to the final act of treachery Mrs. Arnold knew nothing
whatever of what her husband contemplated, though one or
more historic writers pretend to believe that she, inspired by
Tory sympathies, urged her husband to desert a " lost cause '*
and join fortunes with her loyal Tory friends.
In his rage it would be easy, probably, to persuade him to
forsake such a thankless nation. His Tory friends had cited
examples of celebrated persons who had accomplished great
ends by swinging their power from one party to another. They
told him that by giving his aid to England, the colonies would
be restored to peace and prosperity, and that all parties would
thank him for this service, and moreover, he could control nego-
tiations with the English government.
The deliberations of the court-martial ended with finding
Arnold guilty of certain minor charges, and sentenced him to
be reprimanded by the Commander-in-Chief. It is needless to
say the reproof was administered by Gen. Washington with
as much delicacy as possible, and at the same time he offered
Arnold the post of honor in the next campaign. But it was
too late. His passionate nature had been goaded beyond endur-
ance by the public disgrace that had been put upon him. He
therefore refused the great honor which Gen. Washington
offered him, pleading ill-health as an excuse, and petitioned
that he be given the position of command at AVest Point instead.
He would bring about the crisis of the Revolution by betraying
his country and delivering AVest Point to the British.
Arnold's correspondence with Gen. Clinton, the British com-
mander, had been kept up at intervals. Gen. Clinton's replies
being written by Major John Andre, his adjutant-general, over
the signature of " John Anderson." Nothing seems to have
been thought of at first beyond the personal desertion of Arnold
to the enemy ; the betrayal of a fortress was a later development
of infamy. For the present, too, we may suppose that Arnold
was merely playing with fire, while he waited the result of the
court-martial. For him the summer, while he waited, was not
a happy one, especially for a bridegroom ; his debts went on
increasing, and evidently he saw no way out, without selling
even his honor. Gen. Washington, in giving him command at
West Point, gave him the strongest proof of unabated confi-
dence and esteem which it was in his power to give. Gen.
MANUAL AND CIVIL LIST. 183
Schuyler wrote him a most affectionate letter, and others of his
brothers in arms gave evidences of sincere sympathy.
Congress had most grievously and shamefully insulted and
abused Generals Washington, Greene, Schuyler, Morgan and
others loyal to the American cause, but these did not consider
their unjust treatment sufficient cause for turning traitor to
their country.
While the name of Arnold is forever a synonym for treason,
the fate of Andre yet excites commiseration. Arnold missed
the one chance to restore himself in a degree, at least, to the
consideration of mankind. He should have proven true to
Gen. Washington's confidence and thus put to route his enemies
when the opportunity was afforded him, instead he chose to
turn traitor and if necessary sacrifice the life of the large-hearted
Washington, his benefactor. Then again, after his unsuccess-
ful attempt to betray his country and deliver West Point into
the hands of the enemy, and his escape to New York, he might
have delivered himself to Gen. Washington and demanded
Andre's exchange. But he did not. He chose to follow the
baser course.
As we have stated, the charitably disposed profess to believe
that Mrs. Arnold was ignorant of her husband's intention of
turning traitor ; we are told how she fell in a swoon on her hus-
band telling her that all had been found out and he had to
escape to save his life. Gen. Washington, in keeping with his
reputation for kindness at all times, directed that the news of
Arnold's escape on the British vessel be conveyed to the wife
in the gentlest manner, and that she be permitted to follow her
own harmless inclinations after the flight of her husband. It
is stated that after recovering from an illness into which she
was thrown by the shock, she rejoined her husband in New
York city, and later went with him to England, where she
was respected, notwithstanding the unfavorable opinion held of
her husband.
Immediately after arriving in New York and being assured
of the reward of his treachery, Arnold issued a statement justi-
fying himself and advising other Americans to do as he had
done, and making glowing offers to deserters. He was sent
out of New York at the head of British forces to make war upon
his countrymen. He burned Richmond, Va., and in a raid upon
New London, Conn., where he had spent many of his boyhood
days, he did great damage by fire. His hatred of former friends
184 MANUAL AND CIVIL LIST.
evidently knew no bounds. The Americans tried hard to cap-
ture him, and he knew that in case of his capture his life would
pay the forfeit.
Following the surrender of Cornwallis, he was sent to London
to counsel with the ministry regarding the carrying on of the
war. He was disappointed at his reception in England, for,
though the king and court received him with favor, the Liberals
denounced him as a renegade and betrayer of his trust. The
officers of the British army considered his conduct unbecoming
an officer and gentleman, and he, therefore, as being unworthy
of their confidence and trust ; for this reason it was found
impossible to give him employment in the army, to which he
had looked forward so eagerly. He served England in the
West Indies war difficulties, and in 1798 he asked for military
service, which was denied, even after he had petitioned it.
This refusal was the cause of his breakdown, and shortly after-
ward he died, at the age of sixty years. In later years sons
of his were given places in the British army, and did good ser-
vice in an endeavor to redeem the familv name from disgrace.
The monument erected at Schuylerville to mark the spot on
which the Battle of Saratoga was fought contains four niches
in which to place the life-size statues of the four heroes of that
battle ; three of the spaces are filled and one niche, facing the
south, is left vacant ; it should have been occupied by the statue
of Arnold.
On the wall of the old chapel at West Point there is a marble
tablet bearing this inscription :
Major General
Born 1740
Died
Joshua Hett Smith, who figured prominently as the messenger
between Arnold and Andre, as the one who took Andre in a
rowboat from the British war- vessel, " Vulture," and at whose
house Arnold and Andre met and plotted, and who piloted
Andre a part of the way back to New York city, was subse-
quently arrested under orders issued by Gen. Washington, at
the home of his brother-in-law, in Fishkill. He was tried as
an accomplice of Andre; in fact was twice tried on different
charges, with similar bearings, his first trial miscarrying. At
MANUAL AND CIVIL LIST. 185
the second trial, for conspiracy, he was condenmed; he was
sent to Goshen, Orange County, for safe keeping, but suc-
ceeded in escaping from the insecure place in which he was
confined; he reached a place of safety within the British lines
in New York city.
Smith was a resident of Haverstraw, in Rockland County,
and very well connected, rich if not wealthy; was a lawyer by
profession, as were two of his brothers, one of the latter, Wil-
liam Smith, was the Tory Chief Justice in New York city.
The daughter of Thomas Smith, another brother, married John
C. Spencer, who was Secretary of the Navy in 1842.
Joshua H. Smith is credited with having had some ability
as a lawyer, as ever being cool and self-possessed. He con-
ducted his own defence in each of his two trials. His political
views were a mystery. He was friendly with those fighting
for the American cause, yet his friendliness did not always
invite confidence of loyal Americans. Col. Lamb, commanding
artillery at West Point would not visit him, although they were
relatives, as the Colonel said he deemed Smith a Tory, secretly
in league with Tories. After events proved the Colonel to be
not far from right.
Smith was shrewd, and he planned wisely in arranging to
cover up his tracks as he went along; he knew he could serve
the Tory interests best by an outward appearance of being
helpful to the loyal American cause. At Smith's trial promi-
nent loyal American citizens came forward and testified that
Smith proved his loyalty by, on two occasions, loaning one
thousand dollars to aid the struggling Americans.
Smith's house, where Arnold and Andre met, was situated
on what is now known as " Treason Hill," Haverstraw.
In 1808, Smith published a book, entitled ''An authentic
narrative of the causes which led to the death of Major John
Andre," in which the writer undertook to justify his own acts.
This book was first published in England, where Smith went
after leaving New York city. Later he returned to this coun-
try, and being still possessed of that self-assurance character-
istic of him, he attempted to conduct a school in Haverstraw,
but public opinion succeeded in driving him out of that place.
He died in 1818.
It was in commemoration of the manly actions of Paulding,
Williams and Van Wart that the monument in Tarrytown was
erected, not to honor Andre. The oft-accepted idea that such
186 JVIANUAL AND CIVIL LIST.
monument is there to keep alive the memory of the accomplice
of the archtraitor Arnold is far from the truth — the sole pur-
pose of erecting such monument was to show appreciation of
the acts of honest Westchester County yeomen, to honor the
men who captured Andre, considered a British spy.
Paulding and Van AVart, young men, were cousins. Wil-
liams, the oldest, was not quite twenty-three years of age. To
Williams, in particular, history is indebted for many minute
details about the capture of Andre and the events leading up
to it.
Williams, in his writings, made a strong statement to disprove
the charge that he and his companions were " Cowboys " or
'' Skinners." Paulding and Van AVart likewise made similar
statements, claiming the charge to be unjust and without foun-
dation ; that on the eventful September day they were militia-
men, regularly detailed for a special duty, to punish Cowboys
or other marauders, employed in robbing people in the neigh-
borhood.
Andre and Williams had met before, though neither of them
were aware of it when they met at Tarrytown September 23;
when Andre was captured at St. John's in 1775, Williams was
a soldier of Gen. Montgomery's command.
Paulding, who entered active service after Andre's capture,
was wounded, a third time captured, and was in a British hos-
pital until the end of the war.
Paulding died in 1818, and was buried in the old Van Cort-
landtville Cemetery, in Peekskill ; Isaac Van Wart died ten years
later, and his remains rest in the old Greenburgh church-yard,
at Elmsford, both final resting places being in this county.
Dav4d Williams removed to Livingstonville, in Schoharie County,
in this State, where he died in 1831, and was buried in the old
stone fort at Schoharie Court House. All lived to ripe old
age, and they and their descendants were greatly respected.
George Paulding, the eldest son of John Paulding, was for
many years an Alderman and leading citizen of New York city.
John Paulding, a namesake of his grandfather and son of
George Paulding, born in New York city, represented a Long
Island district as Assemblyman in the State Legislature of
1863.
Hiram Paulding, another son of John Paulding, was a Rear-
Admiral in the United States Navy at the time of his death.
He was born in this county, in the town of Cortlandt, on
MANUAL AND CIVIL LIST. 187
December 11, 1797, and when fourteen years of age, in 1811,
he was appointed by President Madison as a midshipman in
the Navy.
In part recognition of the heroic deeds of John Paulding, a
torpedo boat, built for the United States Navy, in 1909, was
named " Paulding." In April of that year, the boat was
launched at Bath, Me., and was christened by Miss Emma
Paulding, daughter of the late Rear- Admiral Hiram Paulding.
THE CRISIS PERIOD.
September, 1780, found our struggling countrymen laboring
under discouraging conditions. Charleston had fallen, and Gen.
Gates had been disastrously defeated. With the route of his
army, the whole South had come under the enemy's control.
New Jersey was overrun, and twenty thousand men, veterans
of European battlefields, were gathered in New York. The
French fleet had sailed away, a large reinforcement arrived to
the British navy, and Washington's cherished plan of a demon-
stration against the city of New York had to be abandoned.
The only American force worthy the name of an army — num-
bering less than twelve thousand, suffering from long arrears
of pay, without money to send their starving families, and short
of every kind of supplies— was encamped near Peekskill, at
and about West Point. This critical moment was selected by
Arnold with devilish sagacity to strike his deadly blow. Elated
by the success which had crowned his earlier efforts, he indulged
too freely his love for intoxicating liquor, running into excesses
which left him without a command, bankrupt in fortune, at
odds with Continental officers, and smarting under the repri-
mand of Congress. He was ripe for revenge, not only upon
those whom he considered had offended him, but also upon the
cause for which he had fought, and upon his country, and his
people. He still retained the confidence of General Washing-
ton, and, anxious to secure the largest prize for his treason,
applied for, and obtained, the command of West Point.
It was on the promise of Arnold to correct his habits and
assert his manhood that General Washington agreed to give the
West Point assignment. It was in the American Army head-
quarters in Peekskill, in this county, that Arnold received it.
In the same building where Alexander Hamilton and Aaron
Burr had received their commissions and became members of
188 IMANUAL AND CIVIL LIST.
General AVashington's staff. Arnold, in 1778, swore allegiance
to the American cause.
The surrender of West Point, controlling the passes of the
Hudson, with its war materials, vital to the maintenance of the
patriot army, and its garrison of four thousand troops, together
with the person of General Washington and staff, ended, in his
judgment, the war, and gave him— Arnold— a conspicuous place
of honor in history. (He received the conspicuous place for
certain, but not as he planned.)
All parties recognized as a fact that the success or failure
of the united colonies forming an independent government
depended, from the beginning to the end of the contest, on the
State of New York. For this reason the holding of West Point
was all important to both armies.
Letters written by Arnold, after assuming command of West
Point, to Major Andre occasionally imparted valuable informa-
tion, to indicate his importance. Thus he acted as a spy in
the interest of the enemy. A friendly agent in whom Arnold
had confidence and selected by him, acted as messenger in deliv-
ering and receiving the letters.
These letters, phrased in the terms of trade, relative to the
sale of merchandise, were really disputing about the price, not
of wares of trade, but about the price of the betrayal of the
liberties of America and a human soul.
Eighteen months before Andre's visit to Arnold, the latter
began writing these letters. When the time came for complet-
ing arrangements for the surrender of West Point, Arnold
asked that Andre be permitted to meet him, instead of the
officer Gen. Clinton, the British commander, had intended
sending.^
The first meeting with the enemy arranged by Arnold to
perfect his treacherous plans, on September 12, in Dobbs Ferry,
in this county, failed, and Arnold came near being captured.
With rare audacity he reported his visit at once to General
Washington, and the next day wrote a letter to General Greene,
^ It was necessary that a meeting should be held for settling the whole
plan, Arnold seemed extremely desirous that some person who had Gen.
Clinton's confidence might be sent to him; some man, as he described in
writing, '* Of his own mensuration." Gen. Clinton later said, '' I had
thought of a person under this important description who would gladly
have undertaken it, but his peculiar situation at the time, from which I
could not release him, prevented. ' ' Arnold, for reasons of his own, insisted
that Andr^ should be the person sent, Andre knew West Point and sur-
rounding country quite well, having been there in 1777.
MANUAL AND CIVIL LIST. 189
expressing bitter indignation against General Gates (for whom
he held an old grudge, dating back to the battle of Saratoga,
previous to the battle when General Gates was forced to order
Arnold's arrest for misbehavior) for his southern defeat, and
the apprehension that it would leave an indelible stain upon
his reputation.
It was on the morning of the day Gen. Washington left the
West Point military headquarters to go to Hartford, Conn.,
to visit the French General Rochambeau, that Arnold met
Washington and accompanied him part way, taking his chief
over the river, in his barge, to Verplanck's Point, in this county.
Arnold than had in his possession a decoy letter from the Tory
Beverly Robinson,^ ostensibly about his confiscated lands, really
conveying information where an interview with Andre might
be had; Arnold asked Gen. Washington for permission to go
in answer to the summons, but Washington declined, saying the
matter had better be left to the civil authorities.
An overruling Providence was protecting the patriotic cause,
and weaving about the plot the elements of its exposure and
destruction.
Baffled, but not disheartened, Arnold, lurking in the bushes
of the Long Cove, below Haverstraw, sent his friend Joshua
Hett Smith and two oarsmen, in a rowboat, to the British war
vessel '' Vulture," to bring Andre to the shore and to Arnold's
hiding place. The ' ' Vulture ' ' ^ had brought Andre from
New York, arriving September 21, and the vessel laid at anchor
opposite Croton Point, in this county. It was in the night of
that day, under cover of darkness, that Smith and his oarsmen
visited the British war vessel; they were roughly handled on
the vessel for daring to approach without a flag of truce; on
explaining that their business was with Andre, they were taken
before him. Andre expressed his willingness to go to Arnold
with Smith. His anxiety to be about this diabolical business
overshadowed his caution. He forgot the admonition of his
commander, Gen. Sir Henry Clinton, directing that he was ' ' not
to go within the American lines, not to cover his uniform, not
* Beverly Eobiuson, whose estates, includingf the Eobinson House, had
been confiscated, was an intimate friend of Gen. Washington before the
war; the friendship terminated when Robinson with other Tories organized
and equipped a regiment of *' loyal Americans " to aid the British and
Robinson went to reside in New York City. After the war he went to
England, where he died.
^ The " Vulture " was a third-rate vessel, carrying fourteen guns, and
had long been in the British service, and possessed an eventful history.
190 MANUAL AND CIVIL LIST.
to be the bearer of any papers. ' ' It is presumed that the British
General contemplated that a meeting between Arnold and Andre
might take place on board the British war vessel " Vulture."
But if such was his desire the impetuosity of his youthful Adju-
tant-General defeated it. Andre decided to disguise his uni-
form in a cloak and accompany Smith ashore.
The master mind of Arnold influenced him against running
chances of harm coming to him if he visited the British vessel,
therefore he determined that the British officer should come to
him where they could alone haggle over terms.
Doubtless Andre, if he thought of the danger at all, realized
what would be his fate if discovered within the American lines,
arrested and held as a spy. But he heeded not; he was ambi-
tious to make a great name for himself by the success of his bold
undertaking. As a result, he perhaps thought, he would not
only receive the plaudits of his fellows in the British army, but
also would be recognized by the English government and
rewarded by receiving high distinction in military or civil posi-
tion, and his name be enrolled among the heroes of the English
nation. Endowed with great honors, he would return to his
home and claim his charming bride. This dream probably
inspired the youth.
Though admitted to be brilliant, accomplished, captivating
and ambitious, his dealings with Arnold revealed a serious defect
in his character; his moral sense was paralyzed in the presence
of great opportunities.
Andre accompanied Smith in the rowboat to the shore, on the
w^est side of the river, landing under the mountain near Haver-
straw,^ w^here Arnold, in a thicket near by, was hiding. In
this obscure place Arnold and Andre argued until nearly day
dawn, when Smith came and asked them to go to his house
nearby where they could talk undiscovered ; Smith had sent his
family to Fishkill to visit a brother-in-law living in that place,
so that the two conspirators could plan in secret.
AVhen the day broke, following Andre's leaving the '' Vul-
ture," several patriotic farmers discerned the British war vessel
lying close to Teller's Point, opposite Haverstraw. Two of
these farmhands, George Sherwood and Joseph Peterson,^
^Haverstraw in 1780 was a rural hamlet, in that section of Orange
County now known as Rockland County.
'Peterson is described as a mulatto, belonging to Col. Van Cortlandt's
regiment, Third Westchester Militia ; he died in Tarrytown at the age of 103.
MANUAL AND CIVIL LIST. 191
decided, as they afterward said, "to go to the shore and have
a shot at the Britishers, ' ' with their flintlock muskets. A small
boat from the vessel put out after them; the honest, patriotic
yeomen kept up their fire and succeeded in fatally wounding
one of the crew, when the balance turned about and retreated
to the war-vessel. The action of the farmers attracted the atten-
tion of Col. Livingston,^ in command of Fort Lafayette, at Ver-
planck's Point. He determined promptly to fire on the vessel,
but was refused by Arnold the use of a heavy gun; a lighter
gun, a four pounder, had to be used, and with it he sent a squad
of soldiers to the Point, with orders to open fire upon the ' ' Vul-
ture " as soon as they arrived within range. This they did,
and in so doing rendered an inestimable service to their country,
and, as has been justly said, history has failed to record the fact
sufficiently forcible, and give credit. These attacks from the
shore compelled the '' Vulture " to raise her anchor and drift
further down stream, again anchoring, opposite Croton Point
(in this county). This shift of position on the part of the
** Vulture " proved to be Andre's undoing, as it prevented his
return to the boat, as none of the local boatmen would attempt
to approach the " Britisher " now looked upon with general
suspicion ; even the venturesome Smith would not undertake it.
Arnold and Andre remained in Smith's house until nearly
nightfall. By that time Arnold had succeeded in driving the
best bargain possible ; the price for Arnold 's intended treachery,
payable on its consummation, was to be six thousand pounds,
in coin of England, and a Brigadier-Generalship in the British
Army. In return for this promise, Arnold gave Andre all
information relative to the situation at West Point, together with
important papers giving the plans, fortifications, armament,
number of troops at West Point, and the proceedings of Gen.
Washington's last council of war. These papers, of inestimable
value in the hands of the enemy, were placed by Andre in his
boots, between his stockings and his feet. Arnold, further, gave
assurances that the defences at West Point would be so manned
as to fall without assault on the part of the British ; and further,
that the person of Gen. Washington would be seized.
^ Colonel James Livingston was born in 1747, and died in Saratoga
County, November 29, 1833. He was a relative of Mrs. J. H. Smith.
To Livingston Gen. Washington wrote, "It is a source of gratification
to me that the post was in the hands of an officer so devoted as yourself
to the cause of your country."
The well-known late Mrs. Elizabeth Cady Stanton, long a resident of
"Westchester County, was a granddaughter of Col. Livingston.
192 :nlixual axd civil list.
Andre in return assured Arnold that he would receive, on his
carrying out his portion of the contract, the reward they had
agreed upon. Ambitious Andre, in parting, remarked to Arnold
that he hoped that when they again met it would be at the sur-
render of West Point, and that he, himself, would have the
honor of receiving Arnold's sword.
When it was found that the " Vulture," necessarily, had
moved down the river, some other route had to be decided upon
for Andre's reaching the British lines in New York city. Smith
agreed to accompany Andre as guide along the overland route,
as far as White Plains in AYestchester County. Arnold pro-
vided passes for Andre, still further disguised, who was to
travel under the assumed name of * ' John Anderson, ' ' for Smith
and for Smith's colored servant.^
As Andre and his party started for the ferry to cross over
to Yerplanck's Point, Arnold started on his return to head-
quarters in AVest Point.
It was on the 22d day of September that Andre started on
his eventful journey southward. Smith provided three horses
from his own stable, and most gaily Andre rode away. The
vision of great glory won by peculiar valor was before him. and
the thought of how he had tricked the unsuspecting Americans,
made him gay.
Smith was confident he could pilot Andre safely through the
American lines by aid of Arnold's passes, and probably his
safety would have been assured if Smith had continued with
him all the way through to the New York city line. But an
all-wise Providence planned otherwise.
Smith visited the Yan Cortlandt mansion, at Croton, at the
outset of their journey, and attempted to get a Continental
officer's uniform, to disguise Andre, from Mrs. Cornelia (Yan
Cortlandt) Beekman, and fortunately was outwitted by that
patriot lady.^
Arnold's passes carried Andre and party safe through the
patriotic Col. Li\angston's camp, at Fort Lafayette, which was
located on the top of the hill overlooking Yerplanck's Point,
near where now the Bleaklev residences stand. From here
Andre started going along the King's Ferry road, which inter-
sects the Albany Post road (at present), at Munger's store;
^ These passes and papers found on Andr^ are now the property of this
State, and are preserved at Albany.
^ See details under title Town of North Castle.
MANUAL AND CIVIL LIST. 193
thence north on the Albany Post road to Peekskill by the way
of South and Division streets to what is now the Post Office
corner; at this point they took the Crompond road. On the
road Andre had a narrow escape from being recognized by
Col. Samuel B. Webb, of a local American regiment, who had
for some time been a prisoner of the British in New York city;
the Colonel and Andre met on the road. Andre knew the
Colonel immediately, but the Colonel, to Andre's great satis-
faction, passed Andre by as a stranger. Andre stated later that
he was never so ' ' scared ' ' in his life, every moment he expected
the Colonel to expose him, as the Colonel had met him often in
New York; certainly the Colonel did not expect to meet su
important a British officer in such a place at such an hour early
in the morning, as Andre and Smith had traveled all night.
At Crompond, near the place where J. Horace Teller's farm
is situated, Capt. Ebenezer Boyd,^ of the Westchester County
Militia Company, met them and inquired for their passes, and
it being late at night did not think it well for them to proceed.
The Captain was plainly suspicious, but Arnold's pass had to
be taken into consideration, and the explanations of Andr6
were most plausible. The Captain's recommendation that they
remain all night in that vicinity was so significant that they
concluded to remain— but the delay was fatal to Andre the next
day. They were directed to the house of Andreas Miller, close
by, where they secured lodgings for the night. It is learned in
the vicinity that this Miller house remained as it was until a
few years ago, when it was torn down ; Miller sold the property
to Gilbert Strong, and he to Abram Requa, and later the land
was sold to Cortlandt de Peyster Field, of Peekskill, who now
owns it.
At daybreak the next morning Andre and his party left
Miller's house, not stopping for breakfast, and passed on their
way under the watchful eye of Capt. Boyd. Their breakfast
they obtained at the house of Isaac Underbill, on the old road
leading to Pines' Bridge. Mrs. Underbill, the hostess, had lost
her all, but one cow and a bag of meal, by a raid of the " Cow-
boys" the night before, but with true County hospitality she
spread before them the time-honored Westchester dish of sup-
pawn and milk. The Underbill house is still standing.
* Capt. Boyd was an honest soldier, of Scotch descent, born in Bedford,
this county, in 1735. He died at Boyd's Corners, June 29, 1792.
194 MANUAL AND CIVIL LIST.
It was after reaching Underhill's at Pines' Bridge that Smith
began to get weary of his job as pilot. He informed Andre
that his way was now plain and direct, that he no further
needed a guide. He had promised Arnold that he would accom-
pany Andre as far as White Plains, in Westchester County,
fifteen miles distant frnm the Underhill place. Why Smith
refused to go further south with Andre has never been fully
explained; probably he feared his own arrest as one assisting
a British officer to escape through American lines, and his true
character as a Tory be exposed. He left Andre to find his way
the best he could alone through a region he knew nothing of.
Smith returned to Crompond, and from there to Arnold's head-
quarters to report " all's well with Andi^e " on his march to
New York. His report allayed Arnold's anxiety, and then, in
the easy and shiftless character of every body's friend, Smith
journeyed on to Fishkill and supped with Washington and
his staff.
AVe left Andre, deserted bv Smith, ridins gavlv along toward
a haven of safetv within the British lines, without fear of danger.
He decided to change the course first laid out. and strike for the
river : it was a shorter road, and from the Cowbovs who
infested it he had nothing to fear, and he was confident his dis-
guise would prove a protection. It appears as if Providence
was still leading him to the fate that was to reckon with him for
evils committed.
After parting with Smith, Andre took the road passing the
Underhill house on to Pine's Bridge, crossing the river he
folloAved the road along the south bank, a short way, until he
came to Hog Hill: ascended the hill to Underhill's Corners,
about three miles from the bridge; he next proceeded along the
road that led into Chappaqua : on the way he came to the resi-
dence of Stevenson Thorne, where he stopped to enquire the
way, as he was in doubt as to the road he should take to reach
New York. Seeing Jesse Thorne, the tvrelve-year-old son of
the house, Andre asked him the way to Tarrytown : the boy
called his father to answer the stranger, the father gave the
desired information, and Andre went on his wav to Tarrvtown
and his fate. Had he continued on the Chappaqua road he
might have reached New York and escaped capture. Out along
Kipp street to Hardscrabble road Andre went, and the way
looked smooth before him. At the house of Sylvanus Brundage,
in Pleasantville, he stopped to water his horse; from thence he
MANUAL AND CIVIL LIST. 195
passed on to the old Bedford road, and down to Rossell's Cor-
ners, now Mekeel 's Corners ; here he turned to the left and pro-
ceeded until he came to the residence of Staats Hammond, the
miller, where he stopped and asked for a drink of water ; a four-
teen-year-old son, David Hannnond, who was asked the distance
to Tarrytown, told Andre that there was a party of scouts at
Young's Tavern, a short distance down the road; this alarmed
Andre, who turned about and retraced his steps as far as Ros-
sell's Corners, where he started on a new course, going over the
old Bedford road, to Tarrytown Heights and continuing along
to the old Albany Post road, which led him to Tarrytown, and
into the hands of his captors.
Here let us stop and become acquainted with the captors and
their companions— who they were and how they became sta-
tioned so as to make Andre's capture possible.
On Friday, September 22, just after the noon hour, a number
of young militiamen, belonging to the First Westchester Militia,
at the suggestion of John Yerks, cne of their number, agreed
to form themselves into a squad of scouts ; through John Pauld-
ing, another of their number, they gained the consent of their
officers. Their purpose was the extermination, if possible, of
Cowboys or others found driving stolen cattle toward New York
city, and thus perform important service for their country.
In this little band, that started out from Salem, in this county,
were John Yerks, John Dean, John Paulding, James Romer,
Isaac Van Wart, Isaac See, and Abraham Williams. Passing
the place of Joseph Benedict where David Williams was work-
ing, the latter recognized them, and on learning their purpose
he asked that he might go along, as he had a little matter of
his own that he wanted to settle with the Cowboys; his friend
and neighbor, named Pelham, had been robbed and murdered
by Cowboys the day before; the second Williams thus joined
the party. The '^ boy-scouts," as they might be called, slept
that night in John Andrews' hay barn, in Pleasantville, a short
distance from where stands the present Methodist Church, in
Pleasantville. Reaching the outskirts of Tarrytown at about
7:30 in the morning of that eventful Saturday, they stopped
at the home of Jacob Romer, father of James Romer, one of
the ' ' scouts, ' ' where they had breakfast, and Mrs. Romer put up
dinners for them in a large basket. At nearby Jacob Reed's
house they obtained playing cards, to assist in passing time
away while on the watch for the enemy. Here the party divided
196 MANUAL AND CIVIL LIST.
into two squads to stand guard over the two principal thorough-
fares leading to New York city. John Dean (born in 1755,
resided in Tarry town after the Revolution and died there on
April 4:, 1817, from injuries received in a skirmish at King's
Bridge in 1781) arranged the assignment of men to their respec-
tive posts. AVilliams, Paulding and Van AVart were given a
post on what was known as the old Albany Post road, near the
spot where stood an enormous white-wood tree, 112 feet high
(this tree was destroyed by lightning July 31, 1801, the same
day news reached here announcing Arnold's death in London),
south of the small stream known as Clark's Kill, but more
recently as Andre Brook, near where, at that time, the old
Bedford road came into the Post road. The other five men were
stationed to watch the old Bedford road on Davis Hill. The
two parties of watchers were within hailing distance, and it was
understood between them that either party needing assistance
should fire a gun. Justice Dykman, in his narrative, states, as
a curious fact, that Andre rode past the five " scouts " sta-
tioned on Tarrytown Heights watching the Bedford road, as
he came from Davis' Hill, before he reached Paulding, Williams
and Van AYart, and was not challenged.^
Unsuspicious of danger, Andre rode along quite cheerfully.
He had been able to avoid Cowboys and all other guerrilla bands,
and was greatly pleased to know he was so near the British lines,
in fact he half suspected, as he stated later, each moment to
meet a detachment from the British army prowling about thus
far up in Westchester County. This expectation doubtless sug-
gested the first remark Andre made on coming up to the three
patriots who Vv^ere to be his captors. He passed the old Sleepy
Hollow Reformed Church, and over the bridge where tradition
says the headless horseman rode, along Broadway, or the old
Post road, in Tarrytown, until he came to the spot, along side
the brook, where his progress was intercepted.
Paulding, Y'illiam and Van AVart were lounging on the south
side of the brook, sheltered by the bushes, when the sound of
Andre's horse's hoofs on the road was heard; Paulding stepped
out into the road, held up his musket ^ and commanded the
horseman to halt. This occurred at about nine o'clock a. m.,
^ Lender the law, the captors Avere permitted to retain all the prisoner's
property found upon him. Such "was returned to Andre by order of Gen.
"Washington.
^ Van Wart says all three presented their guns.
MANUAL AND CIVIL LIST. 197
and Paulding and his friends had been on duty only one hour.
An earlier start, a swifter pace, and Andre would have escaped ;
but this was still another of the trivial incidents in the fatal
combination about him.
Andre halted, and his pleasant smile gave no evidence of
annoyance ; in a cheerful voice he called out, ' ' My lads, I hope
you belong to our party, " ^ " Which party ? ' ' they said. ' ' The
lower party," he answered. *' We do." '' Then thank God,"
said he, " I am once more among friends. I am a British officer,
out on particular business, and must not be detained a minute. ' '
Then they said, " We are Americans, and you are our prisoner,
and you must dismount." " My God," he said, laughing, '* a
man must do anything to get along," and presented Arnold's
pass. Had he presented the pass first, Paulding said after-
ward, he would have let him go. They carefully scanned it,
but persisted in detaining him. He threatened them with
Arnold's vengeance for this disrespect to his order; but, in
language more forcible than elegant, they told him " they cared
not for that," and led him to the great white-wood tree, under
which he was searched. As the fatal papers fell from Andre's
feet, Paulding in amazement exclaimed, " My God, here it is,"
and, as he read them, shouted in high excitement to his comrades,
** By God, he is a spy."
This was to Andre the critical moment; how was he to be
released from his terrible predicament? The promise of gold
and position had succeeded in bribing a trusted General, would
gold also tempt these three young country lads? but one of
whom could read. He decided to offer the bribe. " If you
will release me, ' ' said Andre, ' ' I will give you a hundred guineas
and any amount of dry goods." " I will give you a thousand
guineas," he cried, *' and you can hold me hostage till one of
your number conveys a letter from me and returns with the
money you will get in New York."
Then Paulding swore, '' We would not let you go for ten
thousand guineas. ' ' That decision sealed the fate of Andre and
ensured the success of the American cause. All honor to Pauld-
^ His fatal blunder, which led to Andre's undoing, was his loss of mind.
Instead of asking this fatal question, he should have presented the pass
which had brought him safely through many dangers. Undoubtedly the
pass would have been accepted, and he be allowed to pass on. Gen, Hamil-
ton, in later commenting upon this, said, " Instead of producing Arnold's
pass, which would have extricated him from our parties, and could have
done him no harm with his own, he asked the men if they were of the
* upper ' or of the * lower ' party."
198 MANUAL AND CIVIL LIST.
ing and his comrades AVilliams and Van Wart, say a grateful
people.
As Grant Tliorburn wrote, in 1840, relative to the sum of
money Andre offered his three captors, " This sum would have
made the three so rich that they could have owned more live
stock than Job of old, in the height of his prosperity. The
very magnitude of the sum may have over-reached its object.
It is highly probable no one of the three had ever possessed a.
hundred guineas at any one time."
Williams, of the captors, writing in 1817, said: " AVe refused
to accept his bribes, unless he would say from whom he got the
papers. He refused to say."
To the imprudence of Andre himself, more than to anything
else, is attributed his capture. One with a cooler head might
have been successful.
After Andre's capture, the others, the five scouts on Tarry-
town Heights, joined Paulding, AVilliams and Van AVart, and
all, with Andre as their prisoner, started for CoL Sheldon's
camp, the nearest American post.^
The route taken to Col. Sheldon's headquarters, at Robbin's
Mills (later known as Kensico) in the town of North Castle,
was (as stated b}' Justice J. 0. Dykman, in his narrative) as
follows :
'' They passed along to the north on the hill west of the
county almshouse, up that road, under Buttermilk Hill, across
the SaAvmill river at the bridge just below the mill. Passing
up the road near Raven Rock, they went to the corner at the
late residence of Carlton Clark. Turning to the right they
ascended the hill to the Upper Cross Roads, down another hill,
past Ebenezer Xe\\Tiian's, across the hollow now traversed by
the Harlem Railroad, and up Reynold's Hill on the AAliite
Plains road to the old Foshay house. From here they proceeded
to the house of John Robbins, where Lt.-Col. John Jameson
made his headquarters. The}" did not find Jameson there,
therefore thev resumed the march, over the North Castle road,
to Sand's Mills (Armonk), in the town of North Castle, which
lies not far from the " Heights of North Castle," where the
patriot troops camped after the Battle of AA'hite Plains. After
turning Andre over to Lt.-Col. Jameson, all the militia "scouts"
returned to their respective camps, excepting Paulding, AA'il-
lianis and A^an AA'art, the iimnediate captors.
^ See details under title Town of North Castle.
MANUAL AND CIVIL LIST. 199
Lt.-Col. Jameson, into whose charge Andre was given, as Col.
Sheldon was absent from headquarters, though a brave soldier,
was easily deceived by the smooth spoken Andre, who wanted
the privilege of writing a letter and having it sent to Arnold,
in which he intended giving warning that Arnold might make
good his escape. Lt.-Col. Jameson consented to send a letter,^
and later, at the urging of Andre, consented that the latter go
with the letter to Arnold in company of Lieut. Allen and a
squad of men. The papers found on Andre were to be sent to
Gen. Washington, at West Point, by a special messenger.
Andre assured Jameson that he, on reaching Arnold, could con-
vince his accusers that he was not a spy. Andre saw a way to
escape. Maj. Benjamin Tallmadge, of Sheldon's command, as
vigilant as honest, who had been absent on duty near White
Plains, and returned to headquarters just after Andre's depart-
ure, was not so easily overcome by Andre's blandishments; the
whole affair looked suspicious to him; he remembered that
Arnold had at one time asked Col. Sheldon for careful consid-
eration of a gentleman answering Andre's description, in case
such a person should be met traveling along the road, and, as
he stated later, '' he smelled treachery," as he had but little
faith in Arnold. The Major finally prevailed upon Lt.-Col.
Jameson to send after Lieut. Allen and have Andre brought
back, which was done, but not until after Allen had trouble
with his soldiers, who, owing to Andre's encouragement, did
not want to return him to headquarters. Allen was ordered
to send Andre back, but, unfortunately, was permitted to pro-
ceed himself and carry Andre's letter to Arnold. Allen reached
Arnold in the morning ; while the messenger sent to Gen. Wash-
ington did not reach the General until afternoon. Thus giving
Arnold advantage and time to arrange his flight. This is an
instance wherein the just were not favored. Had Gen. Wash-
ington returned to West Point, from Hartford, Conn., by the
route which it was supposed he would take, through Danbury
to Peekskill, Arnold would have not even thus been saved.
For some reason Gen. Washington returned two or three days
sooner than had been expected ; and, moreover, he chose a more
^ Lt.-Col. Jameson felt deeply mortified when he considered his act in
warning Arnold and thereby aiding in his escape; under date of September
27, Jameson wrote Gen. "Washington a letter expressing strong regret, and
asking forgiveness for writing Arnold notifying him of Andre's capture.
This letter Jameson gave to Paulding, one of the captors, to convey to
Gen. Washington.
200 MANUAL AND CIVIL LIST.
northerly route, through Farmington and Litchfield, so that
the messenger failed to meet him.
As Gen. Washington was riding from Hartford the previous
night, depressed by the refusal of Count Rochambeau, the
French General, to co-operate in his plans, and to be over-
whelmed on the morrow by Arnold's astounding treason, all
along the route enthusiastic throngs with torches and acclama-
tions hailed his approach. " We may be beaten by the Eng-
lish," he said to Rochambeau 's Aide, " it is the fortune of
war; but behold an army which they can never conquer."
Gen. Washington, on approaching the river on the morning
after his return from Hartford, according to his habit, pro-
ceeded at once to examine the fortifications. Gen. Lafavette,
who had joined him, reminded him that Mrs. Arnold's break-
fast was waiting. " You young gentlemen are all m love with
Mrs. Arnold," he said. " You go and tell her not to wait for
me, I will be there in a short time." Aides Hamilton and
McHenry delivered the message, and were welcomed by Arnold
and his wife.
In the midst of the meal, Lieut. Allen, who had been sent
by Col. Jameson, delivered the letter sent by Andre to Arnold,
at West Point headquarters in the Robinson House.
Arnold's iron nerve held him unconcernedlv at the table, as
sparkling as ever in conversation, until a favorable moment,
when he asked his guests to excuse him, as he would have to
run away from so delightful a company; sorry, but he had to
go over to the Point to prepare for the reception of Gen. Wash-
ington. He arose and went upstairs; his wife, being not
deceived, fearing something unusual had happened, followed
her husband.
Arnold informed his wife of his ruin, and hastilv bade her
perhaps a last farewell, as she fell fainting to the floor; he
kissed his sleeping baby, stepped a moment into the breakfast
room to inform his guests of the sudden illness of his wife,
and, followed by his boat's crew, dashed down the hillside to
the river. To these honest men who had served him loyally
in a .iust cause, Arnold explained his haste by saying that they
must row with all their mi^-ht. as he had a message to deliver
on board the stranse vessel anchored in the stream eighteen miles
below, that he was doing this errand for Gen. Washington, and
should be back before evening. He reprimed his pistols, and
with one in each hand, sat resolved to die the death of a suicide
MANUAL AND CIVIL LIST. 201
rather than be captured. By promises of reward, by voice and
gesture, he urges his crew to their best endeavors. To his
coxswain he offers a commission, to the crew rewards, if they
will desert and join the British. They unanimously refused,
and Larvey, the coxswain, replied: " If Gen. Arnold likes the
King of England, let him serve him; we love our country, and
intend to live or die in support of her cause." At Arnold's
suggestion the coxswain and crew were made prisoners and
carried on board of the " Vulture " to New York, in company
with their old commander, who was the first and only American
soldier during the Revolutionary War who turned traitor to
his country.
The Beverly Robinson house, ^ where Arnold resided and made
his headquarters, was situated about two miles below West
Point, on the east side of the Hudson River. The house was
burned down only a few years ago. Here also is the Beverly
Robinson dock, from which Arnold escaped in a boat, as stated.
This house before the Revolutionary War was owned and occu-
pied by Robinson, who became a Tory, who also owned consider-
able land adjoining. It was to this house that Andre was
brought from Salem, in this county, where Lt.-Col. Jameson
was in command.
As Gen. Washington was returning from his tour of inspection
about West Point, and on his way to Arnold's headquarters in
the Robinson house, he was met by Gen. Hamilton, his secre-
tary, who had for him Lt.-Col. Jameson's letter and the papers
Paulding, Williams and Van Wart had taken from Andre.
Gen. Washington and his co-patriots soon learned the cause
of Arnold's sudden flight, the failure to greet Washington
from the batteries with the accustomed salute, the general neg-
ligence and want of preparation for attack everywhere found.
For a time consternation overcame the defenders of their coun-
try; they did not know how far the conspiracy extended, nor
who were in it. The enemy might come that yery night and
find them unprepared. But Gen. Washington proved equal
to the situation. He issued orders right and left and found
men willing to execute them, and soon found answer to his
question, asked in despair, " Whom can we trusts' Every
man about him then proved himself a man of integrity, on whom
^The Beverly Robinson House was destroyed by fire in 1892, and many
valuable relics with it.
Garrisons, opposite West Point, was, in 1780, known as Nelson's Point,
and the nearby vicinity as Nelsonville.
202 I^IANUAL AND CIVIL LIST.
he could rely. Hamilton was sent to head off Arnold if possi-
ble; Col. Talmadge was ordered to bring Andre with triple
guards to the Robinson house; Gen. Greene, at Tappan, was
directed to put the whole army in marching order, and before
night every fort and defence, from Putnam to Verplanck's
Point, was ready for any assault.
After Gen. Washington had given these orders, which he did
with no outward sign of excitement, he sat down to dinner, and,
with courtlv kindness, sent to Arnold's hvsterical and scream-
ing wife this message: " It was my duty to arrest Gen.
Arnold, and I have used every exertion to do so, but I take
pleasure in informing you that he is now safe on board the
' Vulture. ' ' '
Andre was brought to the Robinson house that night, by
Gen. Washington's order, under guard of a detachment of one
hundred dragoons, under command of four officers, headed by
Col. Talmadge, who was determined his prisoner would be
delivered sure.^ The following day Andre was taken to Tappan
where the American Army had its headquarters. And Andre
never left Tappan a live man.^
According to the laws and usages of war in relation to spies,
Gen. Washington would have been justified in ordering Andre
summarily executed. But his kindness of heart ruled in the
guilty man's favor. The threats of retaliation, impudent letters
from Arnold, extraordinary appeals and interpretations of
Andre's conduct and position from Gen. Sir Henry Clinton,
did not have the effect of frightening Gen. Washington, who
wanted to perforai only his plain duty in the premises. He
ordered a Board of Officers, consisting of six Major-Generals
and eight Brigadier-Generals, as eminent as any in the service,
including the foreign officers, Gens. La Fayette and Steuben,
to act as a court to consider Andre's case.
This court gave Andre every opportunity to present his
defence, and, when the facts were all in, unanimously adjudged
him guilty, and that he must suffer the death of a spy. His
judges were most reluctant to condemn him, but their duty
was plain. Andre's youth, graces and accomplishments, his
dignity and cheerfulness, won the affections of every soldier,
^ See " Town of Xorth Castle, ' ' and ' ' Town of North Salem. ' '
^ Though Gen. Washington and his staff occupied the Robinson house at
the time Andre was brought there a prisoner, he avoided seeing him; and,
in fact, never saw Andre at all, dead or alive.
MANUAL AND CIVIL LIST. . 203
and the desire of all was that Arnold might be captured and
substituted in Andre's place. In all the glittering splendor
of the full uniform and ornaments of his rank, in the presence
of the whole American army, without the quiver of a muscle
or sign of fear, the officers about him weeping, the bands play-
ing the dead march, he walked to his execution. His last words
were of loving solicitude for the welfare of mother and sister
he had left in the home land, and the manner of fame he would
leave behind. " How hard is my fate, but it will be but a
momentary pang," he said, as he pushed aside the executioner
and himself adjusted the rope. To those around he cried:
*' I pray you to bear witness that I meet my fate like a brave
man," and swung into eternity.
We are told that on the day of the execution the great tree,
under which Andre was searched, in Tarrytown, was shattered
by a bolt of lightning; and at the same hour, at his home in
England, his sister awoke from a troubled sleep, screaming:
'' My brother is dead; he has been hung as a spy." It is sur-
mised that Andre had written to his folks hinting that he was
about to undertake a hazardous journey, and the uncertainty
of the result had preyed upon his sister's mind, accounting for
her dream.
Andre's remains were buried at Tappan, on the west side of
the Hudson River, in Rockland County. Over his grave a stone
was placed.
Andre was mourned and honored in England as if he had
fallen in a moment of glorious victory at the head of an army.
His brother was knighted by the King, who declared in solemn
message that " the public can never be compensated for the
vast advantages which must have followed from the success of
his plan;" besides this his family was pensioned by the English
government. In Westminster Abbey, that grand mausoleum of
England's mighty dead, where repose her greatest statesmen,
warriors and authors, the King placed a monument bearing
this inscription : ' ' Sacred to the memory of Major John Andre,
who, raised by his merit, at an early period of his life, to the
rank of Adjutant-General of the British forces in America, and
employed in an important but hazardous enterprise, fell a sacri-
fice to his zeal for his King and country."
How careful the writer of this inscription was not to men-
tion that their hero was arrested inside the lines of the enemy,
bearing upon his person ample evidence to prove him to be
204 IklAXUAL AND CIVIL LIST.
a spy, and that he was executed according to the laws and
usages of war. after a fair trial by a jur^^ of his peers, and duty
compelled them to decide as they did.
Forty years later a Royal embassy came to this country, dis-
interred his remains at Tappan, and a British frigate, sent for
the purpose, bore them to England, where they were buried
beside his monument, in Westminster Abbey, with imposing
ceremonies.
In April, 1909, there was found in the vaults of the Yale
College Treasury, at Xew Haven, Conn., where it had been
hidden for many years, a framed sheet of paper, faded and
yellow, upon which is fixed a lock of hair, which a written
inscription shows was taken from the head of ]\Iajor Andre
forty years after his execution. The hair is extremely fine and
very dark. It has been placed in the Yale library ^vith the
pen portrait of Major Andre, drawn by himself on the night
before his execution and given to an American officer.
What recognition have we made of the valuable, patriotic
service rendered their countrv bv John Pauldinsr, David AYil-
Hams and Isaac Yan AVart? True, we cannot place in AYest-
minster Abbey tablets properly inscribed setting forth their
deeds of valor, and we know thev are more worthv of the name
" Hero '' than was the man buried there, but we can honor
their memory, and never forget that but for the service they
rendered, and which was by them thought to be only trivial,
we as residents of the United States would not now enjoy those
privileges of liberty that make us a prosperous people.
:\IONXMEXT HOXOES HIS CAPTORS, NOT ANDRE.
On May 6, 1853, in the village of Tarrytown, a public meet-
ing was held, at which an organization kno-wn as the " Monu-
ment Association of the Capture of Andre " announced that it
was proposed to erect a monument " to commemorate the cap-
ture of ]\Iajor John Andre, the British spy, at this place, dur-
ing the Revolutionary AYar, by Jolm Paulding, David AYilliams
and Isaac Yan AVart."' Funds for this monument were col-
lected in small amounts by popular subscription. ]\Ir. AVilliam
Taylor, on whose grounds it was proposed to erect the monu-
ment, had agreed to give the necessary land, a plot of twenty
feet square. On Alonday, July 4. 1853, the corner-stone of the
monument was laid with appropriate ceremonies. A proces-
Monument at Tarrytown in Honor of
Captors of Andre
MANUAL AND CIVIL LIST. 205
sion of military and civic societies, and carriages containing
distinguished citizens, including surviving relations of Pauld-
ing, Williams and Van Wart, was part of the day's program.
Col. James A. Hamilton, a son of Gen. Alexander Hamilton,
and a local resident, laid the corner-stone.
The monument was completed and dedicated on October 7,
1853, with most interesting ceremonies, attended by citizens
from all sections of the county and by many distinguished men
of State and Nation.
Hon. Horatio Seymour, then Governor of the State of New
York, dedicated the monument, and Hon. Henry J. Raymond,
Lieutenant-Governor, delivered the oration.
In the course of his remarks, Governor Seymour said:
" I feel deep interest in this occasion, because I believe it is
to be the first of a series of measures, calculated to do justice
to the early history of our State, and to the memories of the
brave and patriotic men who, within its limits, contributed so
largely towards the achievement of our national liberties, and
the formation of our political institutions." In concluding
his address, he said:
' ' Fellow Citizens : In pursuance of the patriotic purpose
of those who have erected this monument, as chief magistrate
of this State, I hereby dedicate it to the commemoration of the
capture of Major John Andre, Adjutant-General of the British
Army, and the consequent discovery and defeat of a foul and
dangerous conspiracy to betray the liberties of our country.
May it ever stand, a memorial of the fidelity and bravery shown
by our ancestors in achieving our national independence, a
warning against treason to our political institutions, and
a memento to remind us of the blessings which our God has
bestowed upon our land."
IMr. Raymond, in the course of his eloquent address, had this
to say :
' ' We stand upon the very spot where the dark plot was arrested
— where the uplifted arm, just raised to strike the fatal and per-
fidious stab at the liberties of our land, was seized — where
Andre, just upon the verge of safety, within a step, as it were,
of his own encampment, ladened with the keys of the fortress
of American freedom — by incaution — fruit of his foreseen and
almost grasped security— betrayed himself to three incorrup-
tible American hearts, and was by them returned to the Ameri-
can camp, whose honor he had so assailed.
? )
206 MANUAL AND CIVIL LIST.
'' As I happened, a few weeks since, to be wandering through
the long-drawn aisles and beneath the fretted vaults of AYest-
jLLiinster Abbey, that venerable pile which enshrines the ashes,
and consecrates the fame, of England's illustrious and immortal
dead— my eye fell upon a monument, conspicuous by its posi-
tion, and proclaiming itself " Sacred to the memory of Major
John Andre; who, raised by his merit " (thus the record runs),
*' at an early period of his life, to the rank of Adjutant-General
of the British forces in America," etc., etc.
" Placed thus high upon the list of England's bravest and
noblest men, by the immediate act of her monarch, the name
of Andre is handed down to immortalitv. He earned that
great distinction, for which greater men have toiled through
long lives, and performed deeds which have filled the world
with admiration, and stamped their impress upon the whole
current of the Nation's life, by the single endeavor to give
shape and success to the only act of treachery which stains the
annals of the Revolution — to purchase the infamous betrayal
of that holy cause, which British power had proved unable to
conquer, in an open and manly fight. The inscription upon
his monument justly characterizes the enterprise as " impor-
tant " to his King, and " hazardous " to himself. But its
personal hazards fell infinitely below its public importance.
Andre entered upon the service, doubly armed against its
secret perils ; first, by his character as a British officer, which
would shield him, on the neutral ground, from the hostility
of adherents to the British camp ; and second, by a pass from
a general, high in the American service, whose bravery had
given him fame, whose fidelity was unstained by suspicion, and
whose rank would have secured, for any one bearing his com-
mands, free passage through the American camp, and prompt
access to the favor and friendliness of every lover of the
American cause. Of danger, then, there could be but little,
except what might arise from his own imprudence, or lack of
self-possession. But the results of the enterprise, if it should
prove successful, promised to be of the most brilliant and
decisive character.
* ' Men of Westchester ! you have done well to erect this
monument, upon a spot so sanctified, in everlasting remembrance
of a deed, so transcendant in its relations to the freedom of
America and of the world. It is among the most pious of the
offices of patriotism, to perpetuate, by such memorials, the
MANUAL AND CIVIL LIST. 207
excellence and the dignity of noble acts. Oblivion strenuously
struggles for the possession of all things earthly; and it needs
all the aid of letters and of stone— of commemorative festival
and of recorded history— to scare away the forgetfulness which
settles upon good deeds, and upon the memories of worthy
men. It is only a few, at the best, out of the renowned nations
of the dead, whose names and characters are thus handed down
to the knowledge and regard of the living that come after. Of
that great multitude of noble hearts, which upheld the country
during our long and strenuous Revolution— of all those thou-
sands who aided, in the field, in council, at the hearth, by action
or by endurance, no less heroic, with blows, with words, with
blood, with tears, in the consummation of that great result, how
small is the number whose names have been engraven on any
stone, or printed on any page, or preserved, in any way, among
the hallowed recollections of that heroic time. It is only here
and there that affectionate veneration, or a patriotic impulse,
snatches one and another from the dreary realms of forgetful
night, gives them to subsist in lasting monuments, and secures
them from oblivion, " in preservations below the moon." For-
tunate in this, as in the felicity of their useful lives, are the
three men, Paulding, Williams and Van Wart, whose memory
your pious labors will perpetuate; and fortunate, in a higher
sense, is the country which is to have the undying benefit of
their example thus handed down to the admiration and the
emulation of all coming time. To them, indeed, it matters little
whether their names shall be heard ever again among men—
whether their bodies shall commingle with the dust, or be scat-
tered by the mourning winds which sweep their native soil.
But to their country, and to us, their countrymen, inheritors
of the rich blessings they did so much to secure, and to the
generations yet to come, to whom, in turn, they must be trans-
mitted, undefiled, by us— it is not so. For our use and our
country's, this monument has risen beneath your hands. To
us and to our children are its words addressed. And they are
words, at once of the past, and for the future— words of
remembrance and of hope— words of gratitude to God evermore,
in His guidance and support."
This same '^ Monument Association of the Capture of Andre "
decided to arrange to celebrate, on September 23, 1880, the one
hundredth anniversary of the capture of Andre, by John Pauld-
ing, David Williams and Isaac Van Wart.
208 MANUAL AND CIVIL LIST.
The day was an exceptionally fine one, as if the weather
desired to shine its blessing upon the day and the occasion.
Fully ten thousand people had gathered at Tarrytown to par-
ticipate in the day's ceremonies. The Centennial procession
was long and imposing. Grand Army men, several ]\Iilitia
Regiments, civic societies, numerous firemen, representing the
whole county, relatives of Revolutionary heroes, Governors of
States and representatives of municipal governments and others,
w^ere in line.
Ex-Gov. Samuel J. Tilden, a resident of our County, was
president of the day, and opened the exercises with an address
listened attentively to by many thousands of people gathered
under a large tent pitched near the monument. During his
address. Gov. Tilden said:
" It was one hundred years ago, and on the spot where you
have unveiled a monument — the spot on w^hich the treasonable
plot was discovered and defeated — three yeomen of the County
of Westchester performed patriotic service. It is fitting that
on the centennial anniversary of that day, public esteem and
gratitude should distinguish that event. Paulding, Van Wart
and Williams are all present here by their representatives, or
by their children. The homage, the public gratitude, the honors
which you have bestowed to-day, will be in all future times, and
to all who come after us, not only an example, but an incentive
to patriotic virtue."
Listening to Gov. Tilden, among the audience, were the Rev.
Alexander Van Wart, the aged son of Isaac Van Wart, one of
the captors, and Isaac Forster Van Wart, another descendant;
William C. Williams, grandson of Da\nd AVilliams : Caleb W.
Paulding, Isaac Paulding, Samuel Paulding, Pierre Paulding
and I\Iary Hallock Paulding, descendants of John Paulding,
one of the captors.
The orator of the day was " Westchester's Favorite Son,'*
Hon. Chauncey M. Depew, who gave a graphic account of
Andre's capture, and of details preceding the capture (substan-
tially as related here), and then in part said:
''Andre's story is the one overmastering romance of the
Revolution. American and Ensrlish literature are full of elo-
quence and poetry in tribute to his memory and sympathy for
his fate. After the lapse of a hundred years, there is no abate-
ment of absorbing interest. AYhat had this young man done
to merit immortality^ The mission, whose tragic issue lifted
MANUAL AND CIVIL LIST. 209
him out of the oblivion of other minor officers, in its inception
was free of peril or daring, and its objects and purposes were
utterly infamous. Had he succeeded, by the desecration of the
honorable uses of passes and flags of truce, his name would
have been held in everlasting execration. In his failure, the
infant Republic escaped the dagger with which he was feeling
for its heart, and the crime was drowned in tears for his
untimely end. His youth and beauty, his skill with pen and
pencil, his effervescing spirits and magnetic disposition, the
brightness of his life, the calm courage in the gloom of death,
his early love and disappointment, and the image of his lost
Honora hid in his mouth when captured in Canada, with the
exclamation, ' That saved, I care not for the loss of all the
rest,' and nestling in his bosom when he was executed, sur-
rounded him with a halo of poetry and pity which have secured
for him what he most sought, and could never have won in
battles and sieges— a fame and recognition, which have out-
lived that of all the generals under whom he served.
"Are Kings only grateful, and do Republics forgets Is fame
a travesty, and the judgment of mankind a farce? America
had a parallel case in Captain Nathan Hale. Of the same age
as Andre, he graduated at Yale College with high honors,
enlisted in the patriot cause at the beginning of the contest,
and secured the love and confidence of all about him. When
none else would go upon a most important and perilous mis-
sion, he volunteered, and was captured by the British. While
Andre received every kindness, courtesy and attention, and
was fed from Gen. Washington's table, Capt. Hale was thrust
into a noisome dungeon in the sugar-house. While Andre was
tried by a board of officers, and had ample time and every
facility for defence, Captain Hale was summarily ordered to
execution the next morning. While Andre's last wishes and
bequests were sacredly followed, the infamous British jailor
Cunningham tore from Hale his cherished Bible, and destroyed,
before his eyes, his last letters to his mother and sister, and
asked him what he had to say. 'All I have to say,' was
Hale's reply, ' I regret I have but one life to lose for my
country.' His death was concealed for months, because this
inhuman Jailor Cunningham said he did not want the rebels
to know they had a man who could die so bravely. And yet,
while Andre rests in that grandest of mausoleums, where the
proudest of nations garners the remains and perpetuates the
210 MANUAL AND CIVIL LIST.
memories of its most eminent and honored children, the name
and deeds of Nathan Hale have passed into oblivion, and only
a simple tomb in a village churchyard marks his resting-place.
The dying declarations of Hale and Andre express the animat-
ing spirit of their several armies, and teach why, ^Wth all her
power, army and wealth, England could not conquer America.
* I call upon you to witness that I die like a brave man,' said
Andre, as he spoke from British and Hessian surroundings,
seeking only glory and pay. 'I regret I have but one life
to lose for my country,' said Hale; and with him and his
comrades self was forgotten in that absorbing, passionate
patriotism, which pledges fortune, honor, and life to the sacred
cause.
" But Republics are not ungrateful. The captors of Andre
were honored and rewarded in their lives, and grateful genera-
tions celebrate their deeds and revere their memories. Gen.
AVashington wrote to Congress : ' The party that took Major
Andre acted in such a manner as does them the highest honor,
and proves them to be men of great virtue; their conduct
gives them a just claim to the thanks of their country.' Con-
gress acted promptly. It thanked them by resolution, granted
to each an annuity of two hundred dollars for life, and twelve
hundred and fiftv dollars in cash, or the same amount in con-
fiscated lands in Westchester County, and directed a silver
medal bearing* the motto ' fidelitv ' on the one side and ' Vincit
cr^ t,'
Amor Patri&e ' on the other, to be presented to them. The
Legislature of the State of New^ York gave to each of them a
farm, in consideration— reads the act — of ' their virtue in
refusing a large sum, offered to them by Major Andre, as a
bribe to permit him to escape.' Shortly after. Gen. AYashing-
ton gave a dinner party at Yerplanck's Point. At the table
were his staff and the famous generals of the army, and, as
honored guests, these three young men, Paulding, AYilliams
and Yan AVart— whose names were now household words all
over the land; and there, with solemn and impressive speech,
Gen. AYashington presented the medals. Paulding died in 1818,
and in 1827 the Corporation of the City of New York placed
a monument over his grave in the old cemetery (the old Yan
Cortlandtville Cemetery), just north of Peekskill, reciting, ' The
Corporation of the City of New York erected this Tomb as a
Memorial Sacred to Public Gratitude,' the Mayor delivering
the address, and a vast concourse participating in the ceremonies.
MANUAL AND CIVIL LIST. 211
Van Wart died in 1828, and in the Greenburgh church-yard,
the citizens of this county erected a memorial in ' Testimony
of his virtuous and patriotic conduct.' Williams died in Liv-
ingstonville, in Schoharie County, in 1831, and was buried
with military honors. In 1876 the State erected a monument,
and his remains were re-interred in the old stone fort at Scho-
harie Court House. On the spot where Andre was captured,
men of Westchester County, in 1853, built a cenotaph in honor
of his captors.
"Arnold, burned in effi.gy in every village and hamlet in
America, received his money and a commission in the British
Army, but was daily insulted by the proud and honorable
officers upon whom his association was forced, and who despised
alike the treason and the traitor. His infamy has served to
gild and gloss the acts of Andre, and, deepening with succeed-
ing years, brings out with each generation a clearer and purer
appreciation of the virtue and patriotism of Paulding, Wil-
liams and Van Wart.
" Pity for Andre led to grave injustice to Gen. Washington,
and detraction of his captors, which a century has not effaced.
Gen. Sir Henry Clinton and his officers, in addresses and
memoirs, denounced the execution of Andre as without justifi-
cation. Defamers of Gen. Washington claimed that Andre was
under the protection of a flag of truce, that he was within the
American lines upon the invitation of the commander of the
district, and under the protection of that General's pass, that
his intent was free from turpitude, and the circumstances sur-
rounding his position entitled him to exchange or discharge.
When Andre was on trial upon the charge of being a spy, he
testified in his own behalf that ' he had no reason to suppose
he came on shore under a flag of truce,' and such is the con-
current testimony of all the witnesses. The story was the sub-
sequent invention of Arnold. But even if true, the flag of truce
is recognized in the usages of war for definite and honorable
purposes — it ameliorates the horrors of the conflict ; but, when
used as a cover for treasonable purposes, loses its character
and protective power. To present it, as a defence and shield
for the corrupt correspondence of the enemy's emissary and
a traitorous officer, is a monstrous perversion. It is true, he
was present at Arnold's invitation, and carried his pass, but
he knew the object of his visit, and did not hold the pass in his
own name and title. Months before he had written to Col.
212 ^L\XUAL AXD CIVIL LIST.
Sheldon, commanding the Continental outposts, that under a
flag of truce and pass he proposed visiting, on important busi-
ness, General Arnold, at West Point, and requesting safe con-
duct, and signing and representing himself as John Anderson,
a trader. The meeting, which finally took place, was an appoint-
ment often before thwarted, and its object to tamper with the
integrity and seduce from his allegiance the enemy's officer.
The signals and agencies of communication and travel between
hostile forces were collusively used to procure the betrayal of
an army and the ruin of a nation. Andre landed at Haver-
straw to traffic with the necessities and tempt the irritated pride
of a bankrupt and offended general, and, having succeeded in
seducing him to surrender the forts and trusts under his com-
mand, Benedict Arnold, so far as his confederate, Andre, was
concerned, ceased from that moment to be the American com-
mander, and any papers issued by him to further and conceal
the scheme were absolutely void. His pass and safe conduct
were not only vitiated in their inception by their joint act of
giver and receiver, secreting treason in them, but they were
issued to an assumed name and borne in a false character.
A British soldier found disguised in the American lines, wath
plans of the patriots' forts, the details of their armaments, and
the outlines of the plot for their betrayal hidden in his boots,
lost, with the discovery of his personality and purposes, the
protection of a fraudulent certificate. Generals Greene, Knox,
La Fayette anl Steuben, and other members of the board of
officers who tried and convicted Andre, may possibly have been
ignorant of the great authorities upon international law; but
had they studied, they would have found in them both prece-
dent and justification. AYhile the laws of war justify tamper-
ing Avith the opposing commander, and compassing his deser-
tion, the sudden, unsuspected, unguardable, and overwhelming
character of the blow render it the highest of crimes, and sub-
jects those detected and arrested in the act to summary execu-
tion. A general is commissioned by his government to fight
its battles and protect its interests.
" AYhen, in 1817, one of Andre's captors petitioned Congress
for an increase of pension, sixteen of the most respected and
reputable, and widely known residents of this county certified
to Congress, ' that during the K evolutionary AVar they were
well acquainted with Isaac Yan AVart, David 'W'illiams and
John Paulding, and that at no time during the Revolutionary
MANUAL AND CIVIL LIST. 213
War was any suspicion entertained by their neighbors, or
acquaintances, that they, or either of them, held any undue
intercourse with the enemy. On the contrary, they were uni-
versally esteemed, and taken to be ardent and faithful to the
cause of the country.' Van Wart and Paulding, in solemn
affidavits, reasserted the details of the capture, and the motives
of their conduct, to counteract the charge made by Andre, ' that
they stopped him for plunder, and would have released him if
he could have given security for his ransom. '
'' As each of the three patriots, in ripe old age and the full-
ness of years, was called to render his account to the Great
Judge, mourning thousands gathered about the graves to tes-
tify their reverence; and the respect and gratitude of their
countrymen reared monuments to their memories."
It must ever be remembered that this monument, at Tarry-
town, was erected to the honor of the three brave men, Pauld-
ing, Van Wart and Williams, who captured Andre, the British
spy, and not to honor one caught in the act of being a principal
in one of the most infamous of crimes.
In connection herewith, we are permitted the privilege of
publishing notes taken from papers of the lafe Gen. Pierre
Van Cortlandt, of Croton, referring to interviews between the
General and John Paulding, one of the captors, as follows:
''April 16, 1817.— John Paulding, in the year 1780, was a
sergeant under Lieutenant Peacock, who was stationed with his
corps at Daniel Requa's on the road leading from Tarrytown
to Bedford. This command was stationed on the lines to protect
the inhabitants against the marauding parties of British cow
thieves, and was in pay either from the State of New York or
from the United States, and consisted of between thirty and
forty men. Early one morning they were surprised and attacked
by Captain Totten with upward of one hundred British refugee
dragoons, and John Paulding, with about twenty men of Pea-
cock's corps, was taken prisoner, some badly wounded. Daniel
Requa and Thomas Dean were also taken, Requa badly wounded.
John Paulding and the other prisoners were immediately
inarched to New York and confined in the old Dutch Church,
where he remained for about three months. One evening, the
prisoners being allowed to walk by squads in the yard, Paulding,
taking advantage of the Hessian sentinel turning his back
toward him, leaped the board fence into the yard of an adjacent
house. Here he was seen by a black woman, who favored his
214 MANUAL AND CIVIL LIST.
escape into the street, after dark. He went to the house of a
friend, Nathaniel Leviness, who lived near the prison. This
friend furnished him with provisions, after secreting him for
the night, and purchased for him an old British uniform coat
(a yager coat, green, laced with red), in which to effect his
escape from the city. Mr. Leviness advised him to keep out of
the road as much as possible until he reached Bloomingdale,
where he might find a small boat in which to cross the river.
Paulding followed his advice, and near Bloomingdale espied
a small boat aground. He went into the bushes near by and
took a nap until the tide was high enough to float the boat.
Just in the dusk of the evening he got in and paddled across
the Hudson, landing somewhere near Bull's Ferry, on the
Jersey shore. He then made the best of his way to the Ameri-
can camp, near English Neighborhood; was carried to the com-
manding officer (who, he thinks, was the Marquis de Lafayette)
and a pass was given him to return to Westchester County.
He traveled up and recrossed the river at West Point and went
directly to Haight's, now Somerstown Plains, in the manor of
Cortlandt. Paulding was very anxious to see his mother, who
w^as then living at the house of old Peter Paulding, at the old
Sawmill river, three miles east of Tarrytown, on the road leading
to White Plains. His father was fearful to remain below, and
therefor resided in the manor of Cortlandt, where he was
shortly after joined by his wife.
" Paulding and six others went from the manor of Cort-
landt to Daniel Requa's, the place where Paulding had been
made prisoner. They had heard that a number of horses had
been stolen, and formed themselves into a scouting party to
intercept the thieves if they should attempt to pass with their
booty to New York. Four of the party were stationed at old
William David's, on the hill, and the other three— Paulding,
Williams and Van Wart— stationed themselves on the Post road
at a small brook, hidden by some bushes, in Tarrytown. This
was, he thinks, the fourth day after his escape from the old
Dutch Church, in New York. The British uniform coat Pauld-
ing procured to favor his escape from that city, he wore the
day (as he had no other at hand) they captured Andre, and
this undoubtedly deceived Andre into his first unguarded ques-
tion, for in reply to his asking as to what party they belonged,
Paulding answered, ' Look at my dress and you cannot be mis-
MANUAL AND CIVIL LIST. 215
taken.' ' If you belong to the lower party/ said Andre, ' so
do I.' The result is too familiar to all to require repetition."
AFFIDAVITS OF VAN V^ART AND PAULDING.
To correct judgment of the conduct and motives of the
three men engaged in the capture of Major Andre, and to put
at rest unmerited distrust, sixteen of the oldest and best known
residents of the county, above their signatures, certified, in
January, 1817, that, " during the Revolutionary War, we were
well acquainted with Isaac Van Wart, David Williams and
John Paulding, who arrested Major Andre, and that at no time
during the Revolutionary War was any suspecion entertained
by their neighbors or acquaintances, that they or either of them
held any undue intercourse with the enemy (as had been
charged by Andre). On the contrary, they were universally
esteemed and taken to be ardent and faithful in the cause of their
country. We further certify, that Paulding and Williams are
not now residents among us, but that Isaac Van Wart is a
respected freeholder of the town of Mount Pleasant; that we
are well acquainted with him; and we do not hesitate to
declare our belief, that there is not an individual in the County
of Westchester, acquainted with Isaac Van Wart, who would
hesitate to describe him as a man whose integrity is as unim-
peachable as his veracity is undoubted."
Isaac Van Wart, one of the captors of Andre, made the fol-
lowing affidavit:
" Isaac Van Wart, of the town of Mount Pleasant, in the
County of Westchester, being duly sworn, doth depose and say,
that he is one of the three persons who arrested Major Andre,
during the American Revolutionary War, and conducted him
to the American camp. That he, this deponent, together with
David Williams and John Paulding, had secreted themselves
at the side of the highway, for the purpose of detecting any
persons coming from or having unlawful intercourse with the
enemy, between the two armies; a service not uncommon in
those times. That this deponent and his companions were
armed with muskets; and upon seeing Major Andre approach
the place where they were concealed, they rose and presented
their muskets at him, and required him to stop, which he did.
He then asked them whether they belonged to his party; and
then they asked him w^hich was his party? to which he replied,
the lower party. Upon which they, deeming a little stratagem,
216 MAXUAL AND CIVIL LIST.
under sucli circumstances, not only justifiable, but necessary,
gave bim to understand tbat tbey were of bis party; upon
wbicb be iovfullv declared bimself to be a British officer, and
told tbem be bad been out on very particular business. Hav-
ing ascertained thus mucb, tbis deponent and bis companions
undeceived bim as to tbeir characters, declaring themselves
Americans, and that be must consider himself tbeir prisoner.
Upon tbis, with seeming unconcern, he said he had a pass from
Gen. Arnold, which he exhibited, and then insisted on their
permitting him to proceed. But tbey told him that as he had
confessed himself to be a British officer, tbey deemed it to be
their duty to convey him to the American camp : and then
took bim into a wood, a short distance from the highway, in
order to guard against being surprised by parties of the enemy,
who were frequently reconnoitering in that neighborhood. That
when tbey bad him in the wood tbey proceeded to search him,
for the purpose of ascertaining who and what be was, and
found inside of his stocking's and boots, next to bis bare feet,
papers, which satisfied tbem tbat he was a spy. Major Andre
now showed them his gold watch, and remarked, tbat it was
evidence of bis being a gentleman, and also promised to make
them any reward which tbey might name, if they would but
permit him to proceed, which tbey refused. He then told them
tbat if tbey doubted the fulfillment of his promise, they might
conceal Jiim in some secret place, and keep him there until they
could send to Xeiv York and receive their reward. And this
deponent express^ declares that every offer made by Major
Andre to tbem was promptly and resolutely refused. And as
for bimself, he solemnly declares, tbat he had not, and he does
most sincerely believe tbat Paulding and AVilliams had not,
any intention of plundering their prisoner; nor did they confer
with each other, or even hesitate whether they should accept his
promises; but, on the contrary, they were, in the opinion of this
deponent, governed, like bimself, by a deep interest in the cause
of tbeir country, and a strong sense of duty. And this depo-
nent further saj^s that be never visited the British camp, nor
does be believe or suspect tbat either Paulding or AYilliams
ever did, except that Paulding was once before Andre's cap-
ture, and once afterwards, made a prisoner by the British, as
tbis deponent has been informed and believes. And this depo-
nent for himself expressly denies that be ever held any unlawful
traffic, or any intercourse whatever with the enemy. And —
MANUAL AND CIVIL LIST. 217
appealing solemnly to that omniscient Being, at whose tribunal
he must soon appear— he doth expressly declare that all accusa-
tions, charging him therewith, are utterly untrue.
" ISAAC VAN WART.
** Sworn before me, this 2Sth
day of January, 1817.
Jacob Radcliff, Mayor.
) J
Likewise and relative to the same subject, John Paulding,
another of the captors of Andre, made an affidavit, as follows :
** John Paulding, of the County of Westchester, one of the
persons who took Major Andre, being duly sworn, saith, that
he was three times, during the Revolutionary War, a prisoner
with the enemy; the first time he was taken at White Plains,
when under the command of Captain Requa, and carried to
New York and confined in the Sugar House. The second time
he was taken near Tarrytown, when under the command of
Lieutenant Peacock, and confined in the North Dutch Church,
in New York; that both these times he escaped, and the last of
them only four days before the capture of Andre; that the last
time he was taken he was wounded, and lay in the hospital in
New York, and was discharged on the arrival of news of peace
there. That he and his companions, Van Wart and Williams,
among other articles which they took from Major Andre, were
his watch, horse, saddle and bridle, and which they retained as
prize; that they delivered over Andre, with the papers found
on him, to Colonel Jameson, who commanded on the lines ; that
shortly thereafter they were summoned to appear as witnesses
at the headquarters of General Washington, at Tappan; that
they were at Tappan some days, and examined as witnesses
before the court-martial on the trial of Smith, who brought
Andre ashore from on board the British sloop-of-war ; that while
there, Col. William S. Smith redeemed the watch from them
for thirty guineas ; which, and the money received for the horse,
saddle and bridle, they divided equally among themselves and
four other persons, who belonged to their party, but when Andre
was taken, were about half a mile off, keeping a look-out on a
hill; that Andre had no gold or silver money with him, but
only some Continental bills, to the amount of about eighty dol-
lars ; that the medals given to him and Van Wart and Williams,
by Congress, were presented to them by General Washington,
218 ]MAXUAL AND CIVIL LIST.
Tvhen the army was encamped at Verplanek's Point, and they,
on the occasion, dined at his table ; that Williams removed some
years ago from Westchester County to the northern part of
the State, but where, particularly, the deponent does not know.
And the deponent, referring to the affidavit of Van "Wart, taken
the 28th day of January last, and which he has read, says that
the same is in substance true.
' ' JOHN PAULDING.
*' Sworn before me, this 6th
day of May, 1817.
'' Charles G. Van Wyck, Master in Chancery.
AN ESTIMATE OF ARNOLD 's CHARACTER.
Extracts from a letter written, September 27, 1780, by Gen.
Anthony Wayne (the brave " Mad " Anthony) to a member
of Congress, gives not only the General's opinion of Arnold,
but also, doubtless, reflected the sentiments of a large majority
of the American Generals. It was Gen. AVashington's kindness
of heart and hopes of redeeming him, that retained for Arnold
his high position in the Continental Army. Gen. Wayne writes
as follows:
" I am confident that the perfidy of General Arnold will
astonish the public ; the high rank he bore, the eclat he had
obtained, whether deservedly or not, justified the world in giv-
ing it him. But there were a few gentlemen who, at a very
early period of this war, became acquainted with his true char-
acter. When you asked my opinion of that officer last winter,
I gave it freely, and, I believe, you thought it rather strongly
shaded.
" I think that I informed you I had the most despicable idea
of him, both as a gentleman and a soldier, and that he had pro-
duced a conviction to me, in 1776, that honor and true virtue
were strangers to his soul ; and, however contradictor^^ it might
appear, that he never possessed either genuine fortitude or per-
sonal bravery, and that he rarely went in the way of danger,
but when stimulated by liquor, even to intoxication. (As was
the case at the Battle of Saratoga. — Ed.)
*' I shall not dwell upon his military character, or the meas-
ures he had adopted for the surrender of W^est Point ; the latter
have, no doubt, been already fully mentioned by the Comman-
MANUAL AND CIVIL LIST. 219
der-in-Chief in his despatches. But I will give you a small
specimen of his peculate talents.
' ' What think you of his employing sutlers to retail the public
liquors for his private emolument, and furnishing his quarters
with beds and other furniture, by paying for them with pork,
salt, flour, etc., drawn from the magazines; he has not stopped
here; he has descended much lower, and defrauded the veteran
soldier who has bled for his country in many a well-fought
field, during five campaigns; among others, an old sergeant of
mine has felt his rapacity. By the industry of this man's wife
they had accumulated something handsome to support them-
selves in their advanced age, which coming to the knowledge of
this cruel spoiler, he borrowed a large sum of money from the
poor credulous woman, and left her in the lurch. The dirty,
dirty acts which he has been capable of conunitting, beggar all
description; and they are of such a nature as would cause the
infernals to blush, were they accused of the invention and exe-
cution of them.
" The detached and debilitated state of the garrison on West
Point insured success to the assailants; the enemy were all in
perfect readiness for the enterprise, and only waited the return
of Andre to carry it into execution. The 26th was the day fixed
on for this exploit, and the discovery of Arnold's treachery was
not made until late on the 25th. At 12 o'clock of the morning
of the 26th an express reached General Green from his Excel-
lency, who had fortunately arrived at West Point on his return
from Hartford, to push on the nearest and best disciplined
troops, with orders to gain the defile or pass over the Dunder-
burg before the enemy. The First Pennsylvania Brigade moved
immediately, and on the arrival of the second express, I was
speedily followed by our gallant friend, General Irvine, with
the Second Brigade. Our march of sixteen miles was per-
formed in four hours, during a dark night, without a single
halt, or a man left behind. When our approach was announced
to the General, he thought it fabulous ; but when assured of the
reality of his Tenth Legion being near him, he expressed great
satisfaction and pleasure.
*' The protection of this important place is committed to the
Division under my command, until a proper garrison arrives.
We will dispute the approaches to the works, inch by inch, at
the point of the bayonet, and if necessary, decide the fate of
the day in the gorge of the defiles at every expense of blood.
220 I^IAXUAL AXD CIVIL LIST.
You may rest assured that whatever may be the issue, neither
the conduct of myself nor gallant assistant will ever require the
palliation of a friend or cause a blush on the cheek of any
affectionate acquaintance.
" Most respectfully, your obedient,
''ANTHONY WAYNE."
From Col. A. Scammell's letter to Col. Peabody, we get the
following views, relative to Arnold:
'' Treason! Treason! Treason! black as hell! That a man
so high on the list of fame should be guilty as Arnold, must
be attributed not only to original sin, but actual transgressions.
'' Heavens and earth! we were all astonishment, each peep-
ing about him ; nay, we even descended to a critical examina-
tion of ourselves. This surprise soon settled down into a fixed
detestation and abhorrence of Arnold, which can receive no
addition. His treason has unmasked him the veriest villain of
centuries past, and set him in true colors. His conduct and
sufferings at the northward, has in the eyes of the army and
his country, covered a series of base, grovelling, dirty, scanda-
lous and rascally peculations and fraud; and the army and
country ever indulgent and partial to an officer who has suffered
in the common cause, wished to cover his faults, and we were
even afraid to examine too closely, for fear of discovering some
of his rascality. Now, after all these indulgences, the par-
tiality of his countrymen, the trust and confidence the Com-
mander-in-Chief had reposed in him, the prodigious sums he
has pilfered from his country, which has been indulgent enough
to overlook his malpractices, I say, after all this, it is impossible
to paint him in colors sufficiently black. Avarice, cursed avarice,
with unbounded ambition, void of principle of honor, honesty,
generosity, or gratitude, induced the caitiff to make the first
overtures to the enemy, as Andre declared upon his honor, when
on trial before the General officers."
' ' May Arnold 's life be protracted under all the keenest stings
and reflections of a guilty conscience : be hated and abhorred by
all the race of mankind ; and finally suffer the excruciating tor-
tures due to so great a traitor.
) >
ROBERTSON vs. CONKLING AND PLATT.
Westchester County has furnished at least two men of
National political fame, William H. Robertson and Chauncey
M. Depew, who were, from youth, intimate as well as political
friends.
Mr. Depew, an orator as widely known abroad as he is at
home, began his political career as an Assemblyman. After-
ward became Secretary of State, then County Clerk, a State
Regent, and traveled along up 'the ladder until he reached the
United States Senate, where we recently found him representing
his native State and nearing his eightieth year, with all his old
energy unabated.
Mr. Robertson, though he did not pretend to oratory, was just
as forcible in other directions. Like his friend, he adopted law
as his profession and his ability was soon recognized in a sub-
stantial way. While yet a young man, his capabilities as a
leader among men were made use of by those older seeking
political preferment. His knowledge of his fellowmen, their
peculiarities, their ambitions, strength and weakness, gave him
unusual power as a political leader, and in later years brought
him honorable distinction. Men of all political faiths were
pleased to call him their friend. In politics he never mourned
when a political adherent saw fit to shift his allegiance ; instead,
he sought another, even better, to take the place of " the
departed, but not forgotten," as he was accustomed to say.
Mr. Robertson, besides holding minor local offices, was several
terms County Judge of this County, was Representative in Con-
gress one term, declining a re-election, and was State Senator
many terms. He was never defeated when a nominee for an
elective office. When chosen to Congress or to the State Senate
it was from a district usually Democratic. He was proud to
say that he was the only Republican ever elected to either office
in the Democratic Westchester district.
The Governorship had been promised and refused to him
twice ; a Cabinet portfolio was not to his liking, and a United
States Senatorship he did not want, but he did want to be
221
222 JSIAXUAL AXD CIVIL LIST.
Customs Collector at Port of New York. This last-named
position he finally secured, after the whole country had become
aroused over his getting it. His slogan was, " Know just what
you want : get it. ' '
The facts relative to the securing of the Collectorship furnish
a somewhat interesting, if not startling, story; introducing, as
they do, three of the cleverest and most resourceful politicians
ever known in the State of New York, if not in the whole United
States— Roscoe Conkling, Thomas C. Piatt and William H.
Robertson.
All, Mr. Conkling, Mr. Robertson and Mr. Piatt, are dead.
The former dying in 1888, Mr. Robertson ten years later, and
Mr. Piatt twelve vears later than Mr. Robertson.
Thomas Collier Piatt, who represented this State as one of
its delegation in the United States Senate, was for several years
the colleague of " Westchester's Favorite Son," Senator
Chauncey M. Depew. Mr. Piatt retired from the Senate on
March 4, 1909, having rounded out fifty-two years of political
activity. For a score of years he was the undisputed " Boss "
of the Republican party in the State of New York and a power
in National politics. From the time of the Fremont campaign
in 1856, until the day of his retirement from the Senate, his life
had been a stormy one, though he was nick-named the '' Easy
Boss." On every political battlefield, in State or Nation, in the
last two decades, could be seen his standard in the thickest of
the fight.
]\Ir. Piatt is not of this County, though at one time numbered
among its residents. His prominence as an opponent vanquished
by the County's most illustrious representative, William H.
Robertson, gains for him a place in this review.
The magnetism with which ^Ir. Piatt was said to be liberally
endowed, evidentlv failed in its efficiencv Avhen it came to con-
trolling Judge Robertson, who possessed a mind equally as
strong as that of ]Mr. Piatt and who was as clever as a political
tactician. Mr. Piatt was fully equipped to play the game of
politics as an expert, but with all his acuteness he found in
Judge Robertson one who could play the game with equal skill ;
frequently to the former's great disadvantage.
It was Thomas C. Piatt, allied with United States Senator
Roscoe Conkling, who prevented the nomination of William H.
Robertson as the Republican candidate for Governor in 1879,
if not previously in 1872 ; and later it was he, still in alliance
MANUAL AND CIVIL LIST. 223
with Conkling, who entered in a fight on President Garfield to
prevent the nomination and confirmation of William H. Rob-
ertson as Collector of the Port of New York.
The objection Messrs. Conkling and Piatt had to Judge Rob-
ertson was purely political. He did not prove as pliable as
desired for the realization of their political ambitions.
The writer of this recalls a conversation he had with Judge
Robertson in the Capitol building in Albany, early in the
winter of 1880. The Judge related certain facts attending the
proceedings of the Republican State Convention (held in the
preceding fall), accounting for his not receiving the Guberna-
torial nomination. He had been promised this in good faith
by men whom he believed he could trust without stultifying
himself. He told how Piatt, Conkling and their allies turned
from him at the last moment and brought about the nomination
of Alonzo B. Cornell in his stead, for no other reason than that
he would not sacrifice self-respect and subject himself to their
absolute control; in other words, act as a figure-head in the
office of Governor. During this conversation, a well-known
Republican State leader, in passing, stopped, and offering to
the Judge a hand of greeting, said in tones most sympathetic:
** Senator, I am very sorry, very sorry, indeed, that you did
not receive the nomination for Governor by our Convention."
To this the Judge replied, coolly: " Thank you;" and the
interview, quite brief on the Judge's side, was closed. After
the '' well-wisher " had passed on, the Judge commented on
the hypocrisy of some men, adding: " The fellow who just
addressed me so blandly was one of those who deliberately
planned my defeat by that convention." " Such is politics,
young man, ' ' sighed the Judge.
Above all things. Judge Robertson's ambition was to round
out a long and successful political career by being elected Gov-
ernor of the State of New York. That such desire be fulfilled
was the sincere wish of his many loyal friends. But there were
some things Judge Robertson would not do even to attain his
ambition.
In return for services rendered. Governor Cornell, as soon as
possible after being installed in office, appointed Mr. Piatt
a member of the Quarantine Commission, an office he held until
1888, when Governor Hill removed him.
The two memorable fights of Mr. Piatt's life were, first,
when he, in 1880, following the lead of Senator Conkling, went
224 IVIANUAL AND CIVIL LIST.
down to defeat with that famous band of '' three hundred and
six stalwarts " who tried to force the nomination of General
Grant for a third term; and second, when Conkling and he
failed to be re-elected by the Legislature as United States Sena-
tors a short time later.
It is an old saying, and one quite true, that a time— a day
of reckoning— comes when one can " settle the score " with
another in the game of politics. The time was at hand, at this
Republican National Convention, when Messrs. Conkling and
Piatt and their allies would be brought to realize that their mis-
deeds, leading to the betrayal of Judge Robertson, had not been
forgotten. That the old admonition to forget in politics one
year that which happened in the year before, would not for
this occasion be observed.
The attempt to vote the New York State delegation in the
Convention as a unit, as was the desire nearest to the hearts
of Messrs. Conkling and Piatt, proved impossible owing to the
opposition of many in the delegation, under the lead of Judge
Robertson, who was a delegate. Promises and threats were
alike equally unavailing. Judge Robertson and his friends
stood firm in their determination not to be delivered in bulk
for any candidate not their individual choice. After a stub-
born and hard-fought fight, it was decided by the Convention
that each member of the New York delegation be permitted to
vote in the Convention as an individual, announcing his vote
as his name was called. Accordingly, the New York State dele-
gation did not vote unanimously for General Grant's nomina-
tion. The action of Judge Robertson led to the nomination of
James A. Garfield for President.
Conkling and Piatt, as after events proved, never forgave
Judge Robertson for being the cause of their great himailiation
before representatives of the Nation. They had to admit that
they had been outgeneraled by a man from their own State;
that their pet scheme, to bring about what was considered the
impossible, to overcome the prejudice of the people against a
third term for a President of the United States, had met with
a telling defeat.
In speaking later of the proceedings of that Convention, Mr.
Piatt said: " I remember that Conkling was a colossal figure
in that convention. I never appreciated him more than when
I saw his tall, majestic, panther-like figure and his historic
Hyperion lock, and listened to his matchless oratory, his marvel-
MANUAL AND CIVIL LIST. 225
ous power of invective and satire, as he concluded his speech
placing Grant in nomination."
Grant's nomination was defeated; Judge Robertson had
sprung suddenly into National prominence, owing to his deter-
mination of purpose. Though his action had increased the
bitterness of his political foes, his independence had secured
for him many loyal friends.
The action of Judge Robertson in the Republican National
Convention was fully approved by those of his party in West-
chester County who had elected him as their delegate to such
Convention. Resolutions were adopted in various sections of
the State commending the course Judge Robertson, and other
delegates acting with him, had pursued.
According to published report, Messrs. Conkling and Piatt
returned from the Convention to New York much dejected.
They feared for their political future. They understood what
it meant to be discredited by one's party administration, the
loss of power uplifted by the disposal of patronage. The Repub-
lican organization was in chaos; the leaders received the news
of Garfield's nomination resentfully. They feared that Gar-
field, if elected, would give ear only to Judge Robertson and his
friends in New York State, and the present Republican organi-
zation in the State would be succeeded by another organization
that might prove detrimental to the interests of Conkling,
Piatt and their allies.
To head off any influence Judge Robertson might have with
Garfield, it was suggested that Senator Conkling visit candi-
date Garfield at his home in Mentor, Ohio. Before Conkling,
as proud as ever, could decide to pay this visit, he received a
request from Mr. Garfield, that he visit him at his home. Of
this visit Mr. Piatt, in a recent interview, spoke as follows:
" When Garfield heard of the defection in New York he sent
for Senator Conkling. Upon Conkling 's return from the con-
ference at the home of the Presidential nominee, Conkling told
me that Garfield had promised to recognize the New York organ-
ization, if elected. I said : * Do you believe him ? ' to which
Conkling replied, ' No, but we will try him out.' We did, and
the war Garfield made on us after election is a matter of
historv. ' '
In 1881 Mr. Piatt was elected a United States Senator from
this State, as an associate with his friend Senator Conkling.
His election was accomplished after a most bitter contest in the
226 MANUAL AND CIVIL LIST.
New York Legislature, between factions in the party. One fac-
tion, known as the " Stalwarts,'' those affiliating with the Conk-
ling-Platt organization, being arraigned against the " Half-
Breeds, " as the anti-organization men were designated. Dur-
ing this fight in the Legislature these terms, distinguishing
factions, were first used.
Relative to this election of Mr. Piatt to the Senatorship, Mr.
Chauncey M. Depew, who was a candidate before the State Leg-
islature for that office as one of the opponents of Mr. Piatt,
has this to say : ' ' It was found that those who supported Gar-
field were in a minority in the Legislature. Some of his friends
could get five votes, some four, and some six. It was found that
I could get twenty-six. I did not want to run for Senator, for
private business reasons. But Judge Robertson, with authority
of Garfield and Blaine, said : ' Chauncev, vou have got to run
for Senator,' and I ran. The contest went on and Mr. Piatt
received a certain number of votes and State Senator Crowley,
whom Roscoe Conkling favored, received a certain number of
votes, and I received a certain niunber, about equally divided.
To all appearances Senator Conkling and Mr. Piatt were not
allied at the commencement of this contest : ]\Ir. Piatt was
carrying on a campaign for himself. The Judge and I were
whooping it up for Westchester. One day Mr. Piatt came to
me and said : ' You can never be elected. ' ' Yes, I know that. '
* ATell, suppose you elect me.' ' Well,' I said, ' we have been
crushed in this State for twelve years under the tyranny of the
Conkling machine. Every efi:'ort has been made to drive me
out of politics and Judge Robertson and his friends out of
public life. AVe have made our fight, we have got our rights
and don't propose to be crushed. Suppose you are elected,
will you support President Garfield?' ' Yes,' promptly replied
Mr. Piatt. AVe went at once to Judge Robertson's room and
other members of the Legislature, who were supporting me, to
the number of twenty-six, came in. To Judge Robertson and
his fellow-members of the Legislature, Mr. Piatt made the same
frank statement relative to his determination to give hearty and
loyal support to President Garfield. The day following, Mr.
Piatt was elected Ignited States Senator. A few davs later
President Garfield sent to the Senate the nomination of Judge
Robertson for Collector of the Port of New York."
Mr. Depew, and other friends of Judge Robertson, believed
that when Judge Robertson was willing to forget the way he
MANUAL AND CIVIL LIST. 227
had been misused heretofore by both Conkling and Piatt, and
returned good for evil, by furnishing votes necessary for Piatt's
election to the Senate, Senator Piatt would show appreciation
by faithfulness to the pledge guaranteeing his support to Presi-
dent Garfield, as the least return he could make.
What happened to the nomination of Judge Robertson for
Collector of the Port? What Senator Piatt did in support of
President Garfield, and how he repaid Judge Robertson for aid-
ing his election, is told in an interview with which Senator
Piatt favored us, just prior to his death. Senator Conkling 's
connection is also told, and all is now matter of political history
of this State.
On the announcement of Mr. Piatt's election to the Senator-
ship, Senator Conkling sent a telegram to Piatt saying that it
rejoiced his heart to know that so thorough and loyal a " Stal-
wart " had won the victory. Evidently Conkling was confi-
dent that the old alliance would be continued, and the " Organi-
zation " Republicans in New York would continue to be under
the rule of a " most tyrannical politician," as Conkling was
classified by Mr. Depew. After events prove that he was not
a victim of misplaced confidence, so far as Senator Piatt was
concerned.
Mr. Piatt took his seat in the Senate on the last day of Presi-
dent Hayes's administration, and on the day Mr. Garfield was
inaugurated, March 4, 1881, he and Senator Conkling called
upon the new President.
' ' We were received with cordialty, ' ' said Senator Piatt, ' ' and
departed from the White House convinced that the contract
made at Mentor would be fulfilled."
President Garfield later admitted to a friend that he never
was so much embarrassed by anything as he was by the political
situation in New York immediately following his inauguration.
He did not want to make a breach between the Administration
and the two New York Senators, yet he could not ignore the
claims Judge Robertson and friends in New York had upon
him. He recognized the fact that the action of Judge Robert-
son, and those he led in the National Convention, made possible
his nomination for President.
Judge Robertson made it known that a membership in the
President's Cabinet was not desired by him.
The Collectorship of the Port of New York, then considered
the most coveted Federal position in the State, was suggested
228 3^IAXUAL AND CIVIL LIST.
as a gift that might prove acceptable to the Judge. The Presi-
dent knew it would be useless to attempt to get the two Senators
from New York to consent to the confirmation of Judge Robert-
son for any office. After mature consideration, the President
decided to act independently, as his friend Robertson had, and
send the nomination of AVilliam H. Robertson, for Customs
Collector at Port of New York, to the Senate. This he did.
Concerted action on the part of both Senators, Conkling and
Piatt, " held up " the confirmation. What happened next is
a matter of history, a thrice told tale.
" Why," said Senator Piatt, '^ the President, instead of doing
as he promised for the organization, has picked out Conkling 's
worst enemv and named him for the most lucrative office in the
State of New York." Senator Conkling was furious; he said
that the pledge was broken and it was open war on the
organization.
Senators Conkling and Piatt felt that they had been insulted,
and rather than remain in the Senate that was sure to confirm
a nomination so distasteful to them, as a quiet canvass of the
Senate had proven, they would resign forthwith, and go back
to the New York Legislature, then in session, and ask for
re-election and vindication. They figured that their friends con-
trolled a majority of the Legislature and no time would be lost
in making it plain to the President that a mistake had been made
in his not having first consulted the New York Senators as to
appointments for that State, and that it w^ould be found advis-
able to withdraw Judge Robertson's nomination.
It was in this fight against the President that Senator Piatt
gained the sobriquet of ' ' Me Too, ' ' his opponents asserting that
he merely followed Senator Conkling 's lead in resenting the
alleged affront offered them by the President. This was unjust
Senator Piatt asserted, and these are the facts as vouched for
by him. Instead of being a parrot-like follower, Piatt led.
He said :
" I went to the Senate desk and got the document nominat-
ing Robertson. I considered it a gratuitous insult to the New
York State organization. I walked over to Conkling and said,
' I shall send my resignation to Governor Cornell to-night.'
Conkling turned to me and replied : ' Don 't be too hasty about
this matter, young man.' We then went to the rear of the
Senate chamber and talked it over. Conkling insisted that we
should wait, and fight it out in the committee, to which the
MANUAL AND CIVIL LIST. 229
nomination of Robertson had been referred. I replied, ' We
have been so humiliated as United States Senators from the
great State of New York that there is but one thing for us to
do — rebuke the President by immediately turning in our resig-
nations, and then appeal to the Legislature to sustain us.'
I induced Conkling to join me in offering our joint resignations,
and that night the papers were forwarded to Governor Cornell,
by special messenger."
Senators Conkling and Piatt returned to New York to con-
sult friends and devise the next step to be taken. After con-
siderable consideration in conference with friends, there being
some hesitancy on account of prevailing public sentiment, it
was agreed that both Senators jointly request a re-election at
the hands of the Legislature then in session. On this purpose
being made known excitement ran high, and the prediction that
the bitterest kind of a contest would ensue came true.
Judge Robertson, who was a member of the State Senate, led
the fight to prevent the re-election and return of Conkling and
Piatt ; and back of him were all friends of the new President.
Before the end of the battle, much to the disgust of both Conk-
ling and Piatt, a few organization leaders, who were most urgent
and persistent to have them seek re-election, deserted to the
opposing side.
When the defeat of Conkling and Piatt was certain, Judge
Robertson found it difficult, as well as necessary, to convince
his enthusiastic friends that he did not wish to be elected a
United States Senator. He had served one term as Congress-
man and did not fancy life in Washington. He and his friends
had the privilege of naming as Messrs. Conkling and Piatt's suc-
cessors, Warner Miller (well known in this County, and relative
of the late Sheriff Samuel C. Miller) and Elbridge G. Lapham.
These gentlemen entered upon their duties as United States
Senators immediately.
Within a few weeks later, William H. Robertson was unani-
mously confirmed by the United States Senate as Customs Col-
lector at Port of New York. In 1887, after his retirement from
the office of Collector, Mr. Robertson was again elected a State
Senator and re-elected, serving until 1892 ; for a considerable
period acting by election as President pro tem of the Senate.
He continued his law practice during all the years of his
political activity and up to the time of his death.
230 MA2vUAL AND CIVIL LIST.
Senator Conkling, recognized as one of the ablest and most
brilliant of men, as lawyer and statesman, was also one of the
most proud and sensitive. He never fully recovered from the
unexpected defeat administered by legislators of his own State
whom he believed to be his loyal supporters under any and all
circumstances, as they were when he yielded power given by
the disposal of patronage. He found, as have others, that some
alleged friends are influenced not by affection for a particular
man, but instead by hope of getting patronage and easy gain
for themselves; they turn readily and travel in either direction
their personal interests lead. Why a man would do things
guided solely by principle, is beyond the comprehension of some.
Mr. Conkling gradually relinquished his interest in politics
and returned to the practice of law ; to a profession at the head
of which he soon regained his place, and before his untimely
death he had amassed a comfortable fortune. He was the prin-
cipal attorney for the wealthy A. T. Stewart estate and for the
estate of Mr. Stewart's wife, who died after her husband. The
case in which a niece was contesting the will of Mrs. Stewart,
involving valuable property in this County, was on the Court
calendar on the day of the great blizzard, March 12, 1888 ; Mr.
Conkling was to conduct the defense ; on his way to Court he
caught so severe a cold that he died from its effects.
Senator Piatt continued taking an interest in politics, regained
his prestige, entrenched himself as the head of the State Repub-
lican organization and was returned from this State to the
United States Senate. He retained the party leadership until
quite recently, when, owing to physical disability, he was com-
pelled to retire from active lead in the management.
After his defeat for " vote of approval " and return to the
Senate, ]\Ir. Piatt, with the stolidity of a philosopher, immedi-
ately turned his attention to business. He accumulated a rea-
sonable fortune and appeared to forget politics, but, as after
evidence proved, he was playing a " quiet game," and as the
politicians say, " laying low in the high grass," waiting for
opportunity.
" The opportune time came," said Mr. Piatt, '' when I saw
a chance to return good for evil and get even with my dear
friend Warner ]\Iiller, who. with Judge Latham, was more than
willing to aid our enemies and be elected to the United States
Senate, in place of Mr. Conkling and myself, in 1881. Well,
I was the cause of havino: ex-Senator Warner Miller nominated
MANUAL AND CIVIL LIST. 231
for Governor by the Republican party, to run against David
B. Hill, the Democratic nominee. To be sure Miller was badly
defeated; that was too bad, I know, but how could I help it;
I gave him the nomination, a fitting recognition for valuable
services rendered his country in the United States Senate. His
great popularity should have elected him. His defeat was really
too bad; I assure you I felt his defeat keenly, and have never
fully gotten over the disappointment."
That Mr. Piatt forced the nomination of Mr. Miller was gen-
erally known, as well as was the fact that he made no conceal-
ment of his activity, as the recognized leader of the party in
the State, in accomplishing the defeat of his party's candidate,
as a rebuke, it was said, to the pretension of Miller.
Piatt's treatment of candidate Miller was said to be respon-
sible for President Harrison's refusal to appoint Mr. Piatt as
Secretary of the Treasury in Harrison's Cabinet.
In 1898, Mr. Piatt was well established as the head of the
Republican organization in this State, but he could not prevent
the nomination that year of Col. Theodore Roosevelt for Gov-
ernor. Piatt did not disguise the fact that he did not like
Roosevelt, but he found the party must take Roosevelt, or defeat.
Col. Roosevelt was just home from the Spanish-American War
and as strenuous as usual; his warlike valor had been widely
advertised and the sentiment in his favor was strong within
the Republican party, in fact so strong that Piatt dared not
ignore it, therefore Piatt acquiesced, and Roosevelt was named
for Governor by the Republicans. The fate that befell Warner
Miller was narrowly escaped by Theodore Roosevelt, who was
elected by a smaller majority than his friends expected. Su-
preme Court Justice Augustus A. Van Wyck, of this Judicial
District, was the Democratic nominee for Governor and was
" picked " for the winner, not only by Democrats, but also by
certain Republicans. The refusal of Richard Croker, head of
the Tammany organization in New York city, to favor the
nomination and re-election of Judge Daly* for Supreme Court
Justice, for personal reasons, was always regarded as having
disgusted many Democrats and influenced them to vote against
their party Gubernatorial candidate and in favor of Mr. Roose-
velt. After serving one term as Governor, Mr. Roosevelt wanted
to be renominated, but Mr. Piatt, to get rid of him, forced his
* Judge Daly was then a resident of New York city, now is a resident of
Yonkers, in this County.
232 [MANUAL AND CIVIL LIST.
nomination as a candidate for Vice-President of the United
States, and, unintentionally, assisted him to become President.
Of late years Mr. Piatt has not been very active in politics,
ill-health had a great deal to do in preventing his usual interest.
His retirement from the United States Senate in 1909 virtually
ended his political career.
Now all these men, once most active in political life, are dead,
gone to that bourne from which no traveler returns.
Mr. Robertson died December 6, 1898, at his home in the town
of Bedford.
The last to die being Thomas Collier Piatt. He lived, within
six davs. twentv-two vears after his friend and colleague Roscoe
Conkling : Conkling died March 12 ; Piatt died March 6.
Though in feeble health several years and needing the care
of an attendant, at home and abroad, he went almost daily to
his place of business down town in the city of New York from
his up-town residence. This he did up to March 3, on which
day, while sitting at the breakfast table, he fell over in a faint
and was carried to his bed, which he never again left alive. He
died at 3.45 p. m.. Sunday. March 6, 1910; death was caused by
chronic and acute Bright 's disease. At the time of death he
was in the seventy-seventh year of his age. Funeral services
were held at his early home in Owego, X. Y., on Wednesday,
March 9, 1910.
Three sons, grown to manhood, survive him. His wife died
several years ago.
In 1911 occurred the fortv-sixth anniversarv of the Civil-
War. Thousands of soldiers survive, and are likelv to survive
for years. This war, like many wars, was fought chiefly by
bovs. The records of the Northern Armv show that more
soldiers enlisted at the age of nineteen than at any other age,
and that those who were twenty come next. But to be an
officer usually implied a certain seniority of years, and now
those who were of rank are goins: fast : the vear 1911 witnessed
the passing of many Generals of the Civil AYar. The early
sixties surely produced a great generation. It had its faults,
but weakness was not amono: them.
CUSTOMS COLLECTOR AT THE PORT OF
NEW YORK.
The most coveted office of Customs Collector at the Port of
New York, considered one of the most lucrative Federal
positions within the gift of the President of the United States,
has been held by many men who later became numbered among
the most distinguished of the nation. One, Daniel S. Dickin-
son, became a United States Senator and one became President
of the United States. The first Republican appointed as Col-
lector at the Port of New York was Hiram Barney, a resident
of Yonkers, in this County, and he was appointed by Presi-
dent Lincoln, the appointment dating March 23, 1861. As
Collector, Mr. Barney succeeded Augustus Schell, at times a
resident of this County, and the last in a long line of Demo-
cratic Collectors. Mr. Barney was a lawyer practicing in
New York city; he resided at Kingsbridge, in the southern sec-
tion of the town of Yonkers ; he continued in this office until
September 7, 1864.
Thomas Smith, of Yonkers, held the position of Deputy Col-
lector from 1857 to 1861.
The next resident of this County to hold this responsible
position was William H. Robertson, of Katonah, who was
appointed by President Garfield, under circumstances that are
now historic. Mr. Robertson's appointment was dated May 18,
1881; he held the office until July 1, 1885, when he was suc-
ceeded by Edward L. Hedclen, a Democrat, appointed by Presi-
dent Cleveland. A Democrat continued in this office until
May 4, 1889.
How near another of Westchester County's illustrious sons
came to being made Customs Collector at the Port of New
York, is best told by the gentleman himself; United States
Senator Chauncey M. Depew, in delivering one of his inimitable
addresses recently, relating political experiences, said :
" It used to be that the big New York appointments were
strictly National. President Johnson selected me to be Col-
lector of the Port of New York. I looked into it and found
233
234 :maxual and civil list.
that the fees— it was on a fee basis then— made it worth
$120,000 a year. I was then a country lawyer at Peekskill,
in Westchester County, and it looked good to me. Well, the
notification of my selection was conveyed to me by United States
Senator ^Morgan, with his congratulations. The two United
States Senators from this State were for me, and it looked
settled.
" But there came a hitch. I learned of it next day. John-
son had decided to veto the Civil Rights bill and had been
advised by some of his Cabinet not to give out that nomination
till after he should learn how the New York Senators would
vote, if an effort were made to pass it over the veto. The nomi-
nation was not sent in, both New York Senators voted against
the President, the nomination was never made, and that's how
Peekskill lost more money than it ever saw. Why, that money
was more than all Peekskill was worth then— houses, lands,
evervthing. ' '
ITEMS OF INTEREST.
The first post of the Grand Army of the Republic was organ-
ized in Decatur, Illinois, on April 6, 1866.
The widows of Presidents Polk, Tyler, Lincoln, Garfield,
McKinley and Cleveland were granted pensions by act of Con-
gress. Mrs. Cleveland's being granted recently, at $5,000 per
year.
]\Irs. Elise Sigel, widow of General Franz Sigel, died at the
home of her daughter, in the Bronx, in 1910, aged 75 years.
When the Civil AVar broke out, Mr. Sigel and his wife were
teaching school in St. Louis. He raised a regiment and battery
of Germans and offered them to President Lincoln. General
Sigel died in 1902.
From the report of the Commissioner of Education we learn
that New York State has an army of 1,840,909 pupils in school,
equaling the whole population of Minnesota or Virginia. Upon
these schools the people of the State are spending $76,696,217,
equal to the entire national revenue of Canada or Holland. In
some respects this is decidedly an Empire State.
THE STATE'S BIRTHPLACE.
New York State recently acquired, by purchase, the site
whereon stood the Westchester County Court House, in which
the Provincial Congress (or Convention) met, in 1776, and
adopted resolutions necessary to the creation of the State of
New York. This property is situated on Broadway, in the
village of White Plains.
Negotiations for this purchase were completed in January,
1909.
A monument was previously erected to designate the spot
on which the State was given birth; this monument was built
of stones taken from the old Court House destroyed by fire
four months after the holding of this memorable session, which
resulted in the adoption of a State Constitution; another and
adjoining section of this property is to be used by the State
for purposes of its militia ; a site on which an armory has just
been built, to be occupied by a local company of the National
Guards.
A second Court House was erected on the site of the one
burned in 1776 ; the second being built in 1786 and was in con-
stant use until the needs of the County required a Court
House more spacious. The second Court House was sold and
carried away, and the property fell into the hands of private
parties.
That the site of the State's birthplace should belong to the
State and be preserved as a worthy relict of times when patri-
otism required sacrifices, was generally conceded, but concerted
action to further the State's possession was not taken until
years after.
On the occasion of the celebration of the 116th anniversary
of the State's birth, in July, 1892, members of the Sons of
the American Revolution met in White Plains, on the site of
the birthplace, and by resolutions decided to launch a move-
ment having for its object the preservance of the landmark by
State purchase.
Early in the next year the Sons of the American Revolu-
tion caused to be introduced in the Legislature of the State a
235
236 I^IAXUAL AND CIVIL LIST.
bill providing for a necessary appropriation of money to piir-
cliase the property in question and for the erection of an
appropriate monument to mark the spot. The bill passed both
houses of the Legislature and went to the Governor; Governor
Flower decided to withhold his signature, explaining that he
believed the object could be better attained through means of
private subscriptions; that the contemplated expense was not
properly a State charge. Those who were convinced that the
site was of enough historic importance to interest all sections
of the State, differed with the Governor.
Though disappointed in not securing the co-operation of
State officials, friends of the project did not despair of final
success. Quiet agitation progressed through years, until the
Daughters of the American Revolution, weary of waiting action
of their male fellow-patriots, determined to take hold and find
out what could be done by persistent, energetic work in the
right direction. They were aroused not only by desire for
heroic deeds, but, also, by rumors that the desired property
was about to be sold to serve private ends, and therefore would
be placed beyond purchase for patriotic purposes. In 1905
the AYhite Plains Chapter of the Daughters of the American
Revolution took the initiatory, assisted by fellow-members, in
an endeavor to raise funds for the erection of a suitable monu-
ment to mark the site. An inscription stone, intended to be
but temporary, was unveiled in October, 1905, with appropriate
ceremonies, in which Daughters and Sons of the American Revo-
lution, members of the AVestchester County Historical Society,
parading school children and numerous citizens of the County,
took part.
An organization to be known as the '' Society to Acquire
and Preserve the Birthplace of New York State," with promi-
nent citizens residents of different sections of the State as
members, was formed to act in conjunction with the Daughters
of the American Revolution.
The Board of Supervisors of Westchester County, in 1908,
voted to appropriate an amount of money sufficient to purchase
the property formerly belonging to the County, the site of the
building in which the State was given birth: the understand-
ing being that the portion of the property on which stood the
Court House be placed under the jurisdiction of the Daugh-
ters of the American Revolution and the adjoining property
MANUAL AND CIVIL LIST. 237
be used as a site on which the State could erect an armory for
State Militia.
On July 14 (Flag Day), 1910, the monument commemorat-
ing the birth of the State of New York was dedicated, under
the direction of members of the White Plains Chapter of the
Daughters of the American Revolution. The inscription on
the monument reads : ' ' Site of the County Court House where,
on July 10, 1776, the Provincial Congress proclaimed the pass-
ing of the dependent colony and the birth of the independent
State of New York."
Mrs. Freeman H. Merritt, regent of the White Plains Chap-
ter, delivered the address of welcome and formally presented
the monument to the State.
Hon. Edward R. O'Malley, Attorney-General of the State,
at the request of Governor Charles E. Hughes, accepted the
monument on behalf of the State, and spoke in part as
follows :
*' The gift to the State of this monument is a fitting way to
commemorate the birth of this Commonwealth. The White
Plains Court House site is to New York what Independence
Hall is to the Nation. Here on July 10, 1776, the Fourth Pro-
vincial Congress proclaimed the independence of New York
from any allegiance to Great Britain. It changed its name from
* Provincial Congress of the Colony of New York ' to the ' Con-
vention of the Representatives of the State of New York. ' This
act gave a powerful impetus to the cause of freedom. By it
New York took a final stand in favor of independence. The
consequences of the act were duly considered. Failure meant
a greater loss to New York than to any other Colony. Defeat
would mean the destruction of her vast revenues and heavy loss.
The Revolution owed its success in a great degree to this Com-
monwealth. To form the Union, New York surrendered its
extensive revenues and a large domain. It has ever made great
contributions towards the upbuilding of this Republic. New
York's capital and ingenuity constructed the Erie canal. This
enterprise not only proved beneficial to the State but also the
great central West. Cities bordering on the Great Lakes owe
much to the Erie Canal. New York is now expending $101,-
000,000, the benefits of which will not be confined alone to
New York. The whole country will be benefited.
" This is an appropriate day for this celebration. One hun-
dred and thirty-three years ago our flag was made the national
238 MAXUAL AXD CIVIL LIST.
emblem by Congress. Xo flag signifies so much for humanity.
It tells us of the political independence of a great people; of
the onward march of a powerful nation; of unrestricted indi-
vidual effort. It means toleration, good Avill, industry and
education ; it means equal opportunity. Under no other flag
has so many charters of human liberty been enacted. Some
laws have been crude, some unwise, but in the aggregate salu-
tary. History furnishes no such effort in the interests of the
many.
'' The issues of to-day are not greater than those of the past.
It is indeed an epoch-making time. Governmental functions
have broadened. Concentration and organization have brought
both advantages and abuses. The curbing of those abuses is
one of the issues of our time. Our duty is to solve the issues
sanely. The success of the past ought to encourage this and
future generations. Our history is replete with acts of devo-
tion to high ideals.
** No organization has any worthier objects than the Daugh-
ters of the American Revolution. The Nation and State are
indebted to you for the noble work being done. This com-
munity is indebted to the local chapter. On behalf of the State,
and at the request of Governor Hughes, I accept this beautiful
monument presented to the State. I thank you on behalf of
the people of this Commonwealth."
At the close of the formal exercises, the ladies of the White
Plains Chapter presented to the local militia company, the 49th
Separate Company, N. G. N. Y., a large silk American flag.
To conclude the day's program, a reception was held in the
armory just completed.
FORMATION OF STATE.
The Colony Provincial Congress was organized, to succeed
the Colonial Assemblv, in 1775. The first session of this Con-
gress was held in New York city, commencing May 22, 1775 ;
the second and third sessions were also held in that city up
to and including June 29, 1776 (see page 15, vol 1).
As it was deemed advisable for safetv of members of the
Congress (or Convention) to hold future sessions elsewhere
than in New York city, AVhite Plains, the scene of many patri-
otic gatherings during the years of the Revolution, was decided
upon as the place of meeting, and here the Fourth Provincial
MANUAL AND CIVIL LIST. 239
Congress (termed Convention) assembled on July 9, 1776, and
continued in session to and including July 27, same year. It
was at this memorable session that the question was submitted
as to whether New York, as a State, should indorse the Declara-
tion of Independence, just signed and promulgated in Phila-
delphia. After due consideration. New York's approval and
manifestation of hearty accord of such declaration was given
with a unanimous vote. The Congress further directed that
the Declaration of Independence be publicly read that the people
of the State may hear and learn, that it be published broadcast,
^' with beat of drum " at White Plains that those assembled
as representatives of the free and independent State of New
York approve of the action of Congress in session in Philadel-
phia, and especially commend the services rendered by repre-
sentatives in that Congress from New York.
This Provincial Congress, in session in White Plains, was
presided over by General Nathaniel WoodhuU, its president,
who a few weeks later was killed while leading his troops in a
battle with the British on Long Island.
At the opening session of the Congress the following letter
from the Continental Congress, in session in Philadelphia, was
read:
*' Gentlemen:
*' Although it is not possible to forsee the consequences of
human actions, yet it is nevertheless a duty we owe ourselves
and posterity in all our public councils to decide in the best
manner we are able, and to trust the event to that Being who
controls both causes and events, so as to bring about His own
determination.
'' Impressed with this sentiment, and at the same time fully
convinced that our affairs may take a more favorable turn, the
Congress have judged it necessary to dissolve all connection
between Great Britain and the American Colonies, and to
declare the free and independent States, as you will perceive
by the enclosed Declaration, which I am directed to transmit
to you; and to request you will have it proclaimed in your
Colony, in the way you shall think most proper.
'^ The important consequences to the American States from
this Declaration of Independence, considered as the ground
and foundation of a future government, will naturally suggest
240 :maxual and civil list.
the propriety of having it proclaimed in such a manner, as
that the people may be universally informed of it.
'' I have the honour to be, gentlemen,
" Your most obedient and very humble servant,
JOHN HANCOCK, President.
'' Honourable Convention of New York."
Relative to this communication the following action was
taken, as shown by record of proceedings:
'*' Ordered, That said letter and Declaration be referred to
a Committee, to consist of Mr. Jay, Mr. Yates, Mr. Hobart,
Mr. Brasher and Mr. AVilliam Smith.
'' The Committee appointed to take into consideration the
letter from our Delegates in Continental Congress, and the
Declaration of Independence, reported the following, which
was unanimously agreed to, and is in the words following,
that is to sav:
(t
In Convention of ike Bepresentatives of the State of New
York,
' ' AVhite Plains, July 9, 1776.
"Resolved unanimously, That the reasons assigned by the
Continental Congress for declaring the United Colonies free
and independent States are cogent and conclusive ; and that
while we lament the cruel necessitv which has rendered that
measure unavoidable, we approve the same, and will, at the
risk of our lives and fortunes, join with the other Colonies in
supporting it.
'^Resolved, That a copy of the said Declaration and the fore-
going resolution be sent to the Chairman of the Committee of
the County of AYestchester, with orders to publish the same,
with beat of drum, at this place on Thursday next, and to give
directions that it be published with all convenient speed in the
several districts within the said county : and that copies thereof
be forthwith transmitted to the other countv committees within
the vState of New York, with order to cause the same to be pub-
lished in the several districts of their respective Counties.
"Resolved, That 500 copies of the Declaration of Independ-
ence, with the two last mentioned resolutions of this Congress
for approving and proclaiming the same, be published in hand-
bills and sent to all the county committees of this State.
xVIANUAL AND CIVIL LIST. 241
*^ Resolved, That the Delegates of this State in Continental
Congress be and they are hereby authorized to consent and
adopt all such measures as they deem conducive to the happi-
ness and welfare of the United States of America.
^'Ordered, That copies of the aforesaid resolutions be trans-
mitted to the Continental Congress."
On July 10 this Provincial Congress adopted the following
resolution :
^'Resolved and Ordered, That the style or title of this House
be changed from that of ' the Provincial Congress of the Colony
of New York ' to that of ' the Convention of the Representa-
tives of the State of New York. ' ' '
The " Representatives of the State of New York, in conven-
tion assembled," sent to President Hancock, of the Continental
Congress, in reply to his of July 6, the following letter:
' ' White Plains, Juhj 11th, 1776.
** Sir: — Your letter of the 6th July inst, enclosing a copy
of the Declaration of Congress, proclaiming the United Colonies
free and independent States, and requesting us to proclaim and
publish the same in this Colony, has been received.
" It gives us pleasure to inform you that, having been
informed of that Declaration by our Delegates, we have antici-
pated the request of the Congress by our resolutions of the 9th
inst., a copy of which was enclosed in a letter we did ourselves
the honour of writing you this morning.
*' We have the honour to be, etc.,
'' By order,
(Unsigned.)
** The Honourable John Hancock."
Later President Hancock sent to the State Representatives
the following:
^' Baltimore, January, 31, 1777.
* ' Gentlemen :
**As there is not a more distinguished event in the history
of America than the Declaration of her Independence, nor any
that, in all probability, will so much excite the attention of
future ages, it is highly proper that the memory of that trans-
action, together with the causes that gave rise to it, should be
preserved in the most careful manner that can be devised;
242 MANUAL AND CIVIL LIST.
I am, therefore, commanded by Congress to transmit you the
enclosed copy of the Act of Independence, with the list of the
several members of Congress subscribed thereto, and to request
that you will cause the same to be put upon record, that it may
henceforth form a part of the archives of your State, and
remain a lasting testimony of your approbation of that neces-
sary and important measui^e.
" I have the honour to be, gentlemen,
'' Your most obedient and very humble servant,
JOHN HANCOCK, President.
" Honourable Convention of the State of New York."
In the Provincial Congress, afterward termed the Conven-
tion of Representatives of the State of New York, there were
representing Westchester County, Col. Pierre Van Cortlandt,
Gen. Lewis Morris, Jonathan G. Tompkins, Major Ebenezer
Loclnvood, Samuel Haviland, Peter Fleming, Benjamin Smith,
Governeur Morris, Col. Gilbert Drake, Zebediah Mills, Col.
Lewis Graham, Captain Jonathan Piatt, AA'illiam Paulding and
John Jay. Though John Jay was credited to New York city
he was a resident of Westchester County and he had the best
interest of the County at heart ; he was one of the most promi-
nent men in the Congress, and as chairman of the committee
appointed to report a draft of the proposed State Constitution,
he prepared that important document, and as drafted by him,
it was unanimously adopted as the Constitution of the State of
New York, in 1777.
In appreciation of many patriotic deeds performed, Mr. Jay
was made the first Chief Justice of the Supreme Court of the
State under the Constitution, and he was further greatly
honored by his fellow countrymen (see page 79, vol. 1).
Sessions of the Provincial Congress, succeeding that in AVhite
Plains, were held in Harlem, in Fishkill and Kingston on the
Hudson river: this Congress finally dissolved in Kingston on
Mav 13. 1777.
The Constitution of 1777 failed to specify the date on which
the Governor should enter upon the discharge of his duties.
George Clinton was declared elected the first Governor on July
9. 1777. one vear later than the date on which the Provincial
Congress had met in AYhite Plains and declared for the State's
independent organization. In February, 1787, the Legislature
passed an act providing that the Governor and the Lieutenant-
MANUAL AND CIVIL LIST. 243
Governor should be installed into office on the first day of July
following the election.
Pierre Van Cortlandt, of this County, was installed as
State's first Lieutenant-Governor.
While the Continental Congress was in session, in 1775, the
Provincial Congress of the Colony of New York was organized ;
and as the former body had passed resolutions requesting the
Colonies to adopt forms of government for themselves, states-
men representing this and other counties of this Colony in the
Continental Congress were chosen to act also as members of the
Colony Congress to give assistance in the formation of a State
government. Most prominent among those called upon by their
constituents to aid in the formation of a " home government "
was John Jay, who had by this time become famous as one of
the most conspicuous members of the Continental Congress.
We learn, from historical records, that though his time was
fully occupied in an endeavor to formulate plans for the suc-
cess of the purposes of the National Congress, yet he felt forced
to heed the persistent demands of his native colony and take
part as a member of the Provincial Congress. This incident
is only one of many illustrating how strongly his countrymen
relied upon the talents and patriotism of Mr. Jay ; he was called
to every office, civil or military, in which there was opportunity
for displaying his judgment. At this period we find him hold-
ing three appointments at once, so well were all convinced of
his fitness for every duty that was imposed upon him. On
motion of Mr. Jay the provisional Congress, on May 31, 1776,
passed resolutions calling upon the people to elect delegates to
a Convention, a new body, which should have, besides the usual
powers, that necessary for the formation and putting in prac-
tice a new form of government for the Colony of New York.
Mr. Jay and others before named as representatives from West-
chester County were elected delegates to this Convention.
As stated, the first sessions of this Convention were held in
New York city, where the Provincial Congress of the Colony
had been accustomed to assemble. That city was even then
remarkable for its wealth, as it was for the numbers of its Tory
population. The Provincial Congress of the Colony realized
the situation in which the city would find itself in case of an
attack from the enemy; its easiness of access from the sea, its
long inland water communication and the aid Tories would
cheerfully render, the city would present itself to the British
244 MAXUAL AND CIVIL LIST.
as an easy conquest, and, when conquered, would furnish an
excellent place of arms. The Colony Congress called out the
militia, and proceeded to officer and equip them, devising meas-
ures for the city's defence. They found great difficulty, how-
ever, in procuring talented officei^, and were obliged to tender
a commission to Mr. Jay, although he was already a member
of two legislative bodies. Ever ready to serve his country, he
accepted the tender, and became colonel of the second militia
regiment of infantry. His duties as a legislator were more
necessary to the State than those of a soldier, and this command
was never assumed.
On June 29, 1776, Lord Howe of the British Army arrived
with a fleet and army in the harbor of New York; and the
Convention which had met to provide a government for the
proposed State, after giving orders, which show how little they
were prepared for defence, retired to White Plains in this
County. The action of the Convention in session at White
Plains has here been mentioned.
At a later session of the Convention, on July 16, 1776, Mr.
Jay succeeded in having adopted resolutions declaring all per-
sons who in any way aided or assisted England, guilty of treason
to the new State, and liable to be punished accordingly. This
measure, which was meant to reach Tories especially, was ren-
dered justifiable by the Declaration of Independence, which
declared that the country was no longer a Colony, but a separate
State, and had perfect right to provide in every way for its
own safetv.
Westchester County at this period contained many Tories,
owing probably to the fact of its close connection to New York
citv, which is described as having been then '' a nest for them.'*
In Queens County, Long Island, likewise in close proximity to
New York citv, the Torv sentiment was strong, and the inhabi-
tants of that county had proceeded so far as to refuse to send
members to the Colonial Congress, and had declared themselves
neutral in the present struggle. Congress, at the instigation
of Islv. Jay, passed resolutions commenting severely on the inde-
cision and cowardice of their course, and also, as was necessary,
took measures, by sending troops, for disarming the inhabitants
and arresting the most odious. Tories aided the enemy in
secret, as spies carrying information as to the actions of their
more patriotic neighbors. As the head of the '' Committee
MANUAL AND CIVIL LIST. 245
of Safety ' ' in this State, Mr. Jay succeeded, through the efforts
of trusted agents, in preventing Tories in this County render-
ing as much aid to the nearby British forces as they had hoped
to do. The Committee of Safety, in the absence of higher
authority for which it had to act, effected glorious results for
the patriotic cause, and its members being in the confidence of
General Washington proved valuable aids to that Chief. The
headquarters of the Committee of Safety was in White Plains,
this County's present County Seat.
STATE MILITARY DEPARTMENT.
Westchester County took a prominent part in organization
of the State Militia and holds an important place in the column
of patriotic counties in the hours of peace as well as in the
time of war when thousands of its citizens promptly responded
to the call to arms.
William Paulding, Jr., of the town of Cortlandt, was one of
the first called to aid the Governor in command of the State
Militia, and it is to him that much credit is given for the early
organization. His appointment as Adjutant-General was made
by Governor Tompkins in 1809, and he continued in such office
from the year 1809 to February 21, 1821, serving under Gov-
ernors Tompkins and Clinton.
Allan Macdonald, of White Plains, was also an Adjutant-
General, appointed by Governor Marcy in 1837-38.
Joseph J. Chambers, of Sing Sing, was Chief of Engineers,
on the Governor's staff, appointed by Governor Myron H. Clark
in 1855-56-57.
Edwin A. McAlpin, of Sing Sing, served as Adjutant-General
in 1895-6, on the staff of Governor Morton.
Samuel William Johnson, of Rye, was appointed Commissary-
General and Chief of Ordnance in 1871-2, during the last two
years' term of Governor Hoffman.
Ralph Brandreth, of Sing Sing, served on Governor Hill's
staff from 1886 to 1892, as Commissary-General of Subsistence.
George D. Sanford, of Peekskill, was on Governor Flower's
staff as Commissary-General of Subsistence, in 1892-3-4-5.
James W. Husted, of Peekskill, ever manifested an active
interest in local military affairs, and during the many years he
246 MANUAL AND CIVIL LIST.
served conspicuously in the State Legislature he was considered
a friend of the militiamen. During his enlistment in the State
guards he served as Judge-Advocate of the Seventh Brigade
and as Major-General of the Fifth Division.
HISTORICAL NOTES.
On April 12, 1861, the Confederate batteries in Charleston
(S. C.) Harbor fired on Fort Sumter.
President Lincoln issued his first proclamation, calling for
volunteers for the Civil War, on April 16, 1861.
Eighteen hundred and fifty-six is given as the date of birth of
the present Republican party. The year Gen. John C. Fremont
ran for President.
Under Mayor Edward Holland, in 1741, was begun the first
paving of public streets in New York city; using broken stone,
cinders and planks.
The accounts and vouchers of General Washington's military
expenses during the Revolution are on exhibition in the Con-
gressional Library in AVashington, D. C.
In 1911 the United States Supreme Court began the second
decade of the twentieth century and the one hundred and twenty-
third calendar year of the United States.
The custom of placing two lamps, on posts, to illuminate the
front of the Mayor's residence in cities, came in vogue during
the time Peter Stuyvesant was ]\Iayor in New York city.
The late Burton N. Harrison, husband of the authoress and
father of Congressman Francis Burton Harrison, was private
secretary of Jefferson Davis while President of the Confederate
States.
There are on file in the Congressional Library in Washington,
D. C, over two thousand applications for office under Presi-
dent Washington, which leads us to believe that the office-
seeking habit was strong even in the days of the infancy of the
Republic.
NOV 1 - 1358