USA > New York > Livingston County > A history of Livingston County, New York: > Part 18
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In 1765 there were twenty-four white prisoners "among the Chenesseo (Geneseo) Indians."* A year later, Sarah Carter, a young white girl taken captive in Pennsylvania, reported that there were "forty Yankee prisoners among the Geneseo Indians, one of whom was a large, lusty negro" blacksmith then working at his trade for the natives. He had already bought the time of a young Connecticut girl for five pounds currency, and had otherwise befriended those . who had fallen into the hands of the natives. Squash- Cutter and Long Coat, two chiefs of the Delaware tribe who lived much among the Senecas at that period, employed themselves in bringing in captives to the towns on the Genesee and selling their time to the Indians, all of whom were exchanged or released before Mary Jemison, Captain Horatio Jones, Joseph Smith and other whites found enforced homes in this . region.
New England and Pennsylvania did most toward peopling the Genesee country. The capitalists of Connecticut and Massachusetts were first to risk their means in the inviting lands which peace had thrown Open to enterprise. But before any title could be given, an important question of jurisdiction, involving a history of England's grants, had to be settled.
* See MSS. papers of Sir William Johnson in the State Library. The Sen -. ecas are generally mentioned in those valuable papers as the Chenesseo or Genesee Indians.
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HISTORY OF LIVINGSTON COUNTY. 209
From about 1680 to 1759 Western New York was claimed by France as a part of the province of New France or Canada. By virtue of the discovery of the Hudson River by Hendrick Hudson, Holland, under whose auspices he sailed, claimed the territory immediately watered by the North River and an indefinite breadth to the east, west and south, to which she gave the designation of New Netherland. This vague claim embraced Western New York.
At the close of the Revolution, this part of the State was claimed by two commonwealths. Before the Colonial struggle, both Massachusetts and New York, under color of their respective royal English grants, had contended for its ownership, and peace was no sooner restored than the contest between them for this tempting domain was revived.
In the Congressional library at Washington are two venerable folios in manuscript, containing the transac- tions from day to day, as well as the chief speeches and debates, of the Virginia Company of London, from April 1619 to June 1624. These books have come down from Henry Wriothesley, Earl of Southampton, president and treasurer of the Company, whose name is conspicuous in English annals, through many a famous owner, and their origin, relating as it does, to the first title of this region derived from the English crown, and connected as it is with the controversy between the two States, becomes a matter of interest to us. The patent of that notable company was sealed by James I on the 6th of April, 1606, on petition of Richard Hackluyt and other "firm and hearty lovers of colonization," who had humbly asked the privilege of establishing "a colony of sundry persons of our people in that part of America commonly called Vir- ginia, between the 34th and 45th degrees of north latitude," and stretching from the Atlantic to the
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Pacific. The associates under the charter secured, Sir Thomas Gates and other "adventurers of the city of London," called the First Colony, were authorized to plant between latitude 34 and 41; while Raleigh Gilbert and his associates, of the English town of Plymouth, constituting the Second or Plymouth Col- ony, might plant between the 38th and 45th degrees, their grant covering the whole vast belt of territory extending "throughout the main land from sea to sea," and including, of course, all of Western New York .* The Virginia Company did not prosper. In the hope of improving its condition, the directors secured a more specific charter, with enlarged privi- leges. But the change proved a snare. James was at the time ambitious of a Spanish match for his son Charles, while Gondonar, the astute minister of Spain, feared that the great Virginia Company intended to take possession of the colonies and mines established by Spaniards in the New World. The latter, there- fore, lent his powerful influence to those members of the Court who sought the overthrow of the Company, and to conciliate the Spanish minister, as well as to gratify the Lord Treasurer, the Earl of Essex, and his party, the King lent a willing ear to the movement to destroy the Company. A pretext was soon found, and in 1624 the Lord Chief Justice declared the char- ter null and void. This strange act of the most unkingly of kings, was but one in that category of monstrous assumptions of the crown at this "period of vast contest and dispute," which hastened the
* See manuscript charter in Virginia Records, 1621-25, Library of Con- gress; also History of the Virginia Company of London, by Edward D. Neill. The associates named of the First Colony were Sir Thomas Gates, Sir George Somers, Richard Hackluyt, and Edward-Maria Wingfield; and of the Second (or Plymouth) Colony, Thomas Hanham, Raleigh Gilbert, William Packer and George Popham.
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decisive struggle of the seventeenth century between the sovereign and parliament .* The rapacious oppo- nents of the Company had, with the sanction of James no doubt, for some time been eagerly seeking to obtain its records. To prevent interpolation, should they, in a contest so unequal, fall into the unfriendly hands of Warwick and his partisans (as they did,) the original records were secretly copied and carefully authenticated. The two manuscript volumes before referred to, written in the peculiar hand of the times "on a kind of elephant paper," which, after two hun- dred and fifty years, have found a repository in our national archives and on soil so directly affected by the charter, constitute the duplicates produced under conditions so befitting the period in which they had their origin. They afford conclusive evidence of the upright conduct of the Company, and dispel all charges of false faith made by the Spanish party, as it was called, at the English Court. As the originals were taken possession of by that arbitrary body, the celebrated "Star Chamber," and never restored, these are perhaps the only records now extant of the Com- pany.
That little band of God-fearing men, the Puritans or Pilgrims, were settled at Leyden in 1617. After much thought they decided to emigrate to America and live as a distinct body under the government of
* Macaulay is fond of contrasting that monarch, son of the celebrated Mary, Queen of Scots, with the strong-minded, high spirited and courageous English sovereigns, whose princely bearing had, for two hundred years, made the throne one of venerable associations. He says: It was no light thing that royalty should (as in the case of James) be exhibited to the world stam- mering, slobbering, exhibiting unmanly fears, trembling at a drawn sword, and talking in a style alternately of a buffoon and . pedagogue," and he refers with great asperity to the King's extravagant claim that Parliament had no more right to inquire what he might lawfully do, than what the Deity might lawfully de
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Virginia, if permitted here to exercise the freedom of their religious opinions. A patent, whose privileges were as ample as the Virginia Company had authority to confer, was secured, and the pilgrims set sail from Delft Haven on the 6th of September, 1620, in the Mayflower, intending to locate near the Hudson river. Accident, however, carried their little vessel to the barren head-lands since so well known as Plymouth Rock, far to the northward of the bounds of their charter, which thus became "void and useless." In the following Spring a grant was secured from the Plymouth Company of the territory on which they had unintentionally settle 1. The colony grew, and in 1628 Charles I issued a charter for its government under the title of the province of Massachusetts Bay.' A half century later this patent was vacated, but renewed in 1691 by William and Mary, who expressly recognized the western boundary, as had each of the other patents, as extending from ocean to ocean.
In 1663, Charles II conferred upon his brother, then Duke of York and Albany. (afterward King James II,) all land lying between the Delaware river and the Hudson, and northwards to the bounds of Canada. This royal donation embraced the present State of New Jersey, (which subsequently became the property of Berkley and Castaret,) and also New York, which uniformly claimed, under the somewhat vague designation in the charter, the whole area of our present State, and as far eastward as the Connect- icut river. Massachusetts, on the other hand, claimed to the Hudson, and likewise the western half of the territory of New York, and westward to the Pacific,
* In 1628, the Council of Plymouth (or Plymouth Company) transferred to Sir Henry Roswell and his associates, constituting the Massachusetts Bay Company, a part of their immense grant, extending from the Atlantic to the Pacific.
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under the old charter of James I to the Council of Plymouth. The charters of these two leading prov- inces, covering in large part the same territory, led to controversies as settlements expanded, both as to the right of property and the right of jurisdiction. And as each assumed to make grants to settlers in the debatable region, especially in that portion which lay between the Hudson and the Connecticut, and, to some extent, in that lying westward beyond the country of the Mohawks, angry dissensions and bloodshed . followed upon the disorders occasioned by intrusions upon lands held under color of one or the other of the opposing interests. As early as 1767, commissioners were appointed by the two provinces, who met at New Haven, and after several days spent in discussion, "with grief found themselves obliged to return to their principals, leaving the controversy unsettled .* The Revolution, whose common danger hushed all minor disputes, soon came, but on the return of peace, the questions were reopened. The legislature of this State regarded the claim on the part of Massachusetts an ungracious one. The two States had fought and acted side by side during the Revolutionary struggle ; "and after all the severe calamities by which these .States hath been distressed in the progress of vindic- tive war," said they, "we flattered ourselves that the period was at length arrived when we should have an opportunity to repair our misfortunes without envy or interruption." Agents, however, were appointed by the two States to settle their respective rights. They met, consulted and separated, after uniting in a request
* See Case of the Provinces of Massachusetts Bay and New York, respecting the Boundary Lines, Lieut .- Gov. Hutchinson and two others appeared for Massachusetts, and Robert R. Livingston and two others for New York. At subsequent conventions between the two States, John Hancock and other eminent men took part.
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for the friendly interposition of Congress, under the terms of the old articles of confederation. Governor George Clinton called an extra session of the legisla- ture, which convened in October, 1784. Referring to the controversy he says: "Since the close of your last session the legislature of Massachusetts have thought fit to set up a claim to land lying somewhere within the ancient jurisdiction of this State, the pre- cise location being left in obscurity. They have requested Congress to appoint a Federal court to inquire and determine such claims." It was not, however, until the joint commission of the two States had concluded its labors at Hartford, on the 16th of December, 1786, that a compact was formed for the permanent settlement of the questions so long in issue. By this, Massachusetts ceded to New York all claim and title to the government, sovereignty and jurisdic- tion of the lands and territory in controversy, and New York released to the former State and to her grantees, the right of pre-emption of the soil from the native Indians, and all title and property in that por- tion of this State lying west of the old "pre-emption line," which commences at the southeast corner of Steuben county and extending northward through Seneca lake, terminates at Sodus Bay, embracing an . area of about six millions of acres of the fairest portion of the State .*
On the first of April, 1788, Massachusetts accepted the proposals of an association of gentlemen of capi -- tal, represented by Oliver Phelps and Nathaniel Gorham, for the purchase of its pre-emptive right to the whole section, for three hundred thousand pounds
* The release to Massachusetts also embraced 230,400 acres between the- rivers Owego and Chenango, known as the Massachusetts Ten Townships, in . Chenango county.
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in the consolidated securities of that State, worth then about two shillings in the pound. These funds at once advanced, and Phelps and Gorham failed to meet their engagements. In February, 1790, they offered to sur- render all but that one-third of their great purchase lying between Seneca lake and the Genesee river, to which, in July, 1788, they had secured by treaty at Canandaigua, a release of the Indian claims, for the consideration of two thousand one hundred pounds, New York currency. This offer was formally acceded to by Massachusetts in June of the same year, and the consideration therefor was reduced to thirty-one thousand pounds. The portion retained by them embraced all lands lying between the pre-emption line and a line drawn from a point on the Pennsylvania boundary south of the confluence of Canaseraga creek with the waters of the Genesee river, thence north- westwardly along the Genesee to a point two miles north of the Canawaugus Indian village, thence due west twelve miles distant from the most westward bend of the river, to Lake Ontario." On the 21st of
* The Indian deed signed at this treaty affords the following description of the tract: "Beginning in the northern boundary line of the State of Penn- sylvania, in the parallel of the 42d degree north, at a point distant 82 miles from the northeast corner of Pennsylvania or Delaware river, thence running wost upon said line to a meridian passing through the point of land made by the confluence of the Shanahasgreaikonreche (Canaseraga) creek with the waters of the Genesee river, thence north along the said meridian to the point last mentioned, thence northwardly along the waters of the Genesee river to a point two miles north of Shanawageras (Canawaugus) village, thence due west 12 miles, thence in a direction northwardly so as to be 12 miles distant from the most westward bend of the Genesee river to Lake Ontario, thence eastwardly along the said lake to a meridian which will pass through the place of beginning, and thence south along the said meridian to the place of beginning." The deed was witnessed by the Rev. Samuel Kirk. ham and others, and was approved by him under authority of a resolution of the legislature of Massachusetts, appointing him to superintend and approve the purchase.
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HISTORY OF LIVINGSTON COUNTY.
November of the latter year, this tract was confirmed to Phelps and Gorham by an act of the legislature of Massachusetts. A survey of the tract showed that it exceeded, both in quantity and value, one-third of the whole territory. For this difference the purchasers duly accounted. With the exception of the parts that had already been sold and two townships reserved by them, Phelps and Gorham sold the whole of this one- third part of the original purchase to Robert Morris, and conveyed the same to him by deed bearing date the 18th of November, 1790. The quantity of land is described in the title to be 2,100,000 acres .*
In 1789 Mr. Phelps opened at Canandaigua, the first regular land office for the sale of unoccupied lands to settlers ever established in America. The system he adopted for the survey of his lands by townships and ranges, was, with slight modifications, adopted by the government for the survey of all the new lands in the United States. These "ranges" were six miles in width, running north and south through the whole purchase, and numbered from east to west. The ranges, in turn, were subdivided by parallel lines, six miles apart, running east and west, denominated "townships," which were numbered from south to north. The ranges were seven in number, each embracing fourteen townships. The latter were mostly subdivided into lots of 160 acres each, for the accom- modation of actual settlers.
Settlements did not immediately follow the purchase by Phelps and Gorham. Indeed, it was not until 1792, when, by the opening of roads eastward and
* The whole transaction in relation to the Phelps and Gorham purchase was finally settled by an indenture entered into between them and Massachu- setta, bearing date March 10, 1791, in pursuance of which the balance duo from Phelps and Gorham, in respect to their retained portion of the entire territory, was paid on the 6th of April, 1813.
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HISTORY OF LIVINGSTON COUNTY.
southward, access was facilitated to the new land of promise, that the tide of emigration thitherward began.
In the disposition of their lands, Phelps and Gor- ham accommodated their terms to the circumstances of purchasers. Several of their contracts drawn in January, 1789, contained the provision, "We engage to receive the one-half of each obligation in. good merchantable ox or cow beef at the market cash price, or in West India goods at cash rates, provided, how- ever, that so far as we receive in those articles, ten per centum is to be added to the debt due to us."
The two-thirds of the territory relinquished by Phelps and Gorham, reverted to Massachusetts, and were resold by that State on the 12th of March, 1791, to Samuel Ogden, who represented Robert Morris, the eminent financier of the Revolution, the friend of Washington and a signer of the Declaration of Inde- . pendence. Morris's attention had early been drawn to the Genesee country, and he eagerly availed himself of the opportunity now afforded to secure the reverted lands. In January, 1791, he had written to Ogden, . who was then in Boston, "to make the purchase at any terms." A few days later he wrote him again : "I consider the purchase of such magnitude that I shall never forgive myself if I let it pass by me at anything less than the limits which I have fixed, and you may depend that if I get it, I will make a greater fortune out of it in a short time than any other person can now believe." An expectation, it may be added, that was far from being realized.
On the 11th of May, 1791, Ogden having assigned his interest to Morris, a committee on behalf of the legislature confirmed the latter's title by granting him five several deeds of conveyance for as many separate parcels of land, the first embracing about five hundred. thousand acres, afterwards known as the Morris
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HISTORY OF LIVINGSTON COUNTY.
reserve, and the four others, the lands subsequently sold by Morris to the Holland Land Company .* Morris thus secured the exclusive power to extinguish the Indian claim.t The quantity of land conveyed was about four million acres ; the consideration, one hundred thousand pounds Massachusetts currency, and the area "all the territory within the State of New York lying west of the meridian line commencing on the north bounds of Pennsylvania, at a point distant twelve miles west from the south-west corner of Phelps and Gorham's purchase and thence extending north to the boundary line of the United States in Lake Ontario, excepting only the reserved strip of land one mile in width, along the Niagara river, and with this exception, Robert Morris became seized of the pre-emptive title to the whole of this territory," relinquished to Massachusetts with the exceptions already noted.
That portion of this purchase lying east of the river soon passed out of the hands of Mr. Morris. Agencies had been established by him at the principal capitals of Europe for the sale of these lands, the value of which the owner himself, though holding them in high estimation, had essentially underrated. Just as he
* The deeds were deposited in the hands of Nathaniel Appleton and two others, and were delivered to Morris on payment of the purchase money.
A sixth deed was granted under authority of a joint resolution of the legislature of Massachusetts, adopted June 20th, 1792, covering the undi- vided sixtieth part of the lands embraced in the above deed, and reserved by each of them, caused by a contract made by Phelps and Gorham for the sale of 1-60th of the entire territory to John Butler, who subsequently assigned to Robert Morris, and the latter was thus enabled to acquire title to the whole directly from the State of Massachusetts.
+ Without any stipulation on this subject the grant of the pre-emptive title would have carried with it a right to the soil, subject to the possession of the Indians, with the exclusive power to extinguish their claim. See Johnson v. McIntosh, 8 Wheaton's Reps., p. 564.
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HISTORY OF LIVINGSTON COUNTY.
'became fully aware of their great importance, and before he could communicate with his foreign corres- pondents on the subject, William Temple Franklin, a grandson of Dr. Franklin, had sold them in England in 1792 to an association composed of Sir William Pultney, an eminent British statesman, who, it would .appear, was able to devote little personal attention to the affairs of the company, * John Hornby, once gov- ernor of Bombay, India, a retired capitalist of London, and Patrick Colquhoun, a philanthropic Scotchman of large means, and at the time High Sheriff of Westminster, England, upon whom the details of settling the purchase and disposing of the land principally devolved, a duty he performed with so much acceptance to his associates, and with such enlightened liberality as to gain the respect of the settlers.t
The associates now required an agent who should proceed at once to the new purchase and personally superintend their interests. At this time Charles Wil- liamson, a Scotch gentleman who had spent several years in America, had come to London, where he was honored with the friendship of William Pitt and other leading men of the English capital. He had held a captain's commission in the British service, and being ordered to this country with his regiment during the Revolution, their vessel was captured by a French privateer. Williamson was brought to Boston and there held a prisoner of war until the close of the.
* Sir William's family name was Johnstone. He was one of a family of fourteen children. His father was Sir James Johnstone. Sir William mar- ried Miss Pultney, niece of the Earl of Bath, and took his wife's family name .in 1767. The village of Bath, in this State, was so nated out of compliment, by Williamson.
t A tablet has been placed in the Court House at Canandaigua to his ·memory.
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HISTORY OF LIVINGSTON COUNTY.
struggle. Opportunity had been afforded him to become acquainted with the quality of our new lands of which he readily availed himself, and as he was quite willing to accept the offer of the associates to manage their estates, he was engaged for the term of seven years. He possessed qualities which peculiarly fitted him for the position, and the appointment proved a fortunate one .* He enjoyed the confidence of his principals, their material resources were ample, and his zeal was fully equal to the task before him. On reaching Philadelphia he made the acquaintance of Robert Morris. After securing all the information about the Genesee country within reach, he made up his mind that a road must be opened to the purchase. He was told that this could not be done, but with his usual indomitable energy he marked out and opened a road from Ross Farm, (now Williamsport) to the confluence of the Canaseraga creek and the Genesee river, where, in 1792 he established his first settlement, Williamsburgh. The associates being aliens, could not take the title, and as a first step Williamson was naturalized in Philadelphia on the 9th of January, 1792, and on the 11th of April of the same year the title of the estate was made over to him. On the 31st of March, 1801, Williamson conveyed the lands to Sir William Pultney.t -
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