HomeMy WebLinkAboutTR-05/05/1993TRUSTEES SUPERVISOR
John M. Bredemeyer, III, President SCOTT L. HARRIS
Albert J. Krupski. Jr.. Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson P.O. Box 1179
Telephone (516) 765-1892 Southold~ New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
On the Hundredth Anniversary of Chapter 615 of the New York
State Laws of 1893 which created a separate Board of Trustees
empowered to steward the Towns Andros Patent resources.
THE TRUST
ONE HUNDRED YEARS APART
May 5, 1993
Southold's first English settlers continued a Trust in waters
and lands underwater shortly after arriving here in 1640 when
they concluded lawful deeds with the native inhabitants who
described Southold as "an ancient seat of Sachemship-time out
of mind".
Soon after these first deeds were concluded, the first English
inhabitants set aside common pasture lands, common watering
areas, common salt-haying areas, and set limits on cutting
timber. Thus the primal trust of the Corchaug continued,
albeit altered to meet the needs of the first English
settlement. The commonage and commonty was established; the
Trust as we know it was born.
In 1676, after years of alternating British and Dutch rule out
of New York, Edmund Andross, the English Governor, tried to
solidify English rule here and in Southampton Town with the
offer of a Patent.
Doubtless, his reputation for having tried to steal
Connecticut's very democratic Charter several years prior was
known to Southold's early inhabitants who were themselves
associated with the New Haven Colony. They resisted Andross'
Patent.
Representatives of Southold and Southampton Town sent identical
letters of remonstrance to Andross early in 1676 because they
feared a Patent would place them in a perpetual state of
servitude if forced to re-negotiate their prior lawful deeds.
Undoubtedly remonstrance, or polite protest, was the avenue of
choice in dealing with Andross who was well known for his
temper and disdain for local rule and custom. (Andross
subsequently gained a reputation for trying to manipulate public
trusts and officers to his own advantage and was returned to
England in irons in 1689, only to return to become the Governor
of Virginia.)
It is interesting that Andross signed the Patent on October
31, 1676, naming the original principal leaders of the Southold
settlement as the Patentees. This placed the document in their
hands at what was the beginning of' their Christmas season and
they went on to accept the Patent by confirmation deed on
December 27, 1676. This confirmation affirmed all prior lawful
deeds such that the process seemed to address the major issue of
their remonstrance.
The Patent, in addition to setting the boundaries of the Town,
charged the Patentees with the well governance of the Town's
natural resources, many of which were Royal properties at the
time: "all rivers, lakes, waters, quarries, timber, woods,
woodlands, plains, meadows, broken pieces of meadows, pastures,
marshes, fishing, hawking, hunting and fowling .... gold and
silver mines excepted".
Thus the Trust was re-granted, confirmed, and strengthened;
prior deeds remained lawful and operative.
From 1676 until 1776 the Town continued on its path of
self-governance, relying largely on the Patent for the authority
to govern and the Mosaic law or Ten Commandments for guidance in
matters between individuals.
Although most Crown properties and privileges were surrendered
by the British to the thirteen colonies at the conclusion of the
Revolutionary War in 1776, the pre-colonial patents re-emerge
fully protected in New York State's first constitution.
Southold's trust, (like those in Southampton, East Hampton and
elsewhere) based on goodness, prior service to the community and
self governance, survived the greatest revolution until that
time.
From 1776 until this very date one hundred years ago, the Town
was governed by one body politic, which (whether you prefer to
call them the Town Board or Town Council or, Town Trustees)
spread the words of the Patent on the minutes of the Town record
on numerous occasions. They cared enough about the original
document to place it in the care of the Long Island Historical
Society prior to the Civil War and in 1890 went on to form a
select committee to "ascertain, define and settle what rights
and powers the Town of Southold obtained under the Patent from
Governor Andross in 1676".
It was likely that a home rule request, growing out of the
workings of that committee, led to an act of the New York State
legislature signed by the Governor one hundred years ago today.
This law, Chapter 615 of the Laws of 1893, not only provided for
the creation of a separate Board of Trustees empowered to manage
common lands, waters and lands underwater, but provided a
mechanism whereby the electors of the Town could adopt Trustee
management regulations by a majority vote at any Town meeting.
Thus the ancient trust (patented, accepted, revered, recorded
many times, and stored for safe keeping) is fully democratized
with the birth of a separate Board of Trustees one hundred
years ago today.
The Trustees were again charged with the well governance of the
commonage and the commonty as~ the Patent became a living
document by virtue of this act.
It is fitting that one hundred years apart from the Town Board,
the current Town Board has called upon the Trustees' primal
Trust in the waters to protect our "associates", the freeholders
and inhabitants of the Town, from the excesses of the State.
Shortly, the Trustees. and their electors will likely contemplate
the waters of the Town (like no other Town in the History of
this State) as we work together to develop water management
regulations which shall protect us from those excesses of the
State while nourishing ourselves, our Trust, and our progeny.
Shall the modern State, like Andross, repeat its disdain for
home rule and local custom, ignoring the laws of 1893, our
Patent, and our singular rights to home rule? Or, will they
exhibit restraint and wisdom, realizing that our Trust, like the
place we live, and our citizen associates, remains inherently
good and worthy?
While only time will tell, the Southold Trustees, in their
hundredth year apart, continue a Thanksgiving Trust, working
diligently so the future will find our waters, fish, and fowl
abundant and healthful.
In honor of this shared ancient Trust, our Patent (coming from
the Latin meaning, "that which lies open"), and these hundred
years apart: we toast the People of the Good Town.
More precious than the gold and silver, ours 'til the bitter
end.
John M. Bredemeyer III
President, Board of Trustees
May 5, 1993
Presentation of Resolution from the New York State Senate and
Assembly:
COMMENDING the Southold Town Trustees upon the
occasion of celebrating their i00th year as a separate
Board empowered to manage Town waters and lands under
water on Wednesday, May 5, 1993
WHEREAS, it is the sense of this Legislative Body that those
who give positive definition to the profile and disposition of
the communities of the State of New York do so profoundly
strengthen our shared commitment to the exercise of freedom; and
WHEREAS, Attendant to such concern and fully in accord with its
long-standing traditions, it is the intent of this Legislative
Body to commend the Southold Town Trustees upon the occasion of
celebrating their 100th year as a separate Board empowered to
manage Town waters and lands under water; and
WHEREAS, Chapter 615 of the New York State Laws of 1893 not only
affirmed the more absolute concept of ownership granted in the
Andros Patent but further d~mocratized the Town's Charter by
providing a mechanism for the Townspeople to manage the Patent's
resources wisely over time; and
WHEREAS, in recognition of recent discoveries and investigations
in managing town waters and land under water, it is the intent
of the Southold Town Trustees to honor Stephen R. Angel, Esq.,
Edward P. Sharretts, Esq., Town Historian Antonia Booth,
Southold Town Supervisor and former Trustee, Scott L. Harris and
the Town Board and Town Attorneys, Harvey Arnoff and Matt
Kiernan, upon the occasion of the Southold Town Board's 100th
Anniversary Celebration; and
WHEREAS, the Southold Town Trustees mirror an unyielding concern
for the primacy of local governance, for those prerogatives of
~personal initiative and accountability so paradigmatic of our
American manner; and
WHEREAS, Through their long and sustained commitment to the
ideals and principles upon which this Beloved Nation was first
founded, the Southold Town Trustees have so clearly advanced
that spirit of united purpose and shared concern which is the
unalterable manifestation of our American experience; now,
therefore, be it
RESOLVED, that this Legislative Body pause in its deliberations
and most joyously commend the Southold Town Trustees upon the
occasion of celebrating their 100th year as a separate Board
empowered to manage Town waters and lands under water at a
celebration to be held on Wednesday, May 5, 1993, fully
confident that such procedure mirrors our shared commitment to
preserve, to enhance and to yet effect that patrimony of freedom
which is our American heritage; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be
transmitted to John M. Bredemeyer, III, Board of Trustees, Town
of Southold.
The meeting was closed with the Southold Town Trustees sharing
oysters and Clams from Southold Town waters* with their citizen
associates.
* Shellfish graciously donated by George Braun Oyster Co., Inc.
~.ECEIVED AND FILED BY
~ SODTHOLD TO¥~N CLERK
Town Clerk, Town of Southold