A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time, Part 43

Author: Hough, Franklin Benjamin, 1822-1885
Publication date: 1853
Publisher: Albany, N.Y. : Little & Co.
Number of Pages: 750


USA > New York > Franklin County > A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time > Part 43
USA > New York > St Lawrence County > A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time > Part 43


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OSWEGATCHIE.


Incorporated with the county, March 3, 1802, from Lisbon. The town records were destroyed, April 17, 1839, in the great fire at Ogdensburgh, and the following list of supervisors is partly made up from other sources than the records.


Supervisors .- 1802, and for several years, Nathan Ford; 1814-23, Louis Hasbrouck; 1825-8, Sylvester Gilbert; 1829, Washington Ford; 1830, Jacob Arnold: 1831, Baron S. Doty; 1832-4, Preston King; 1835, Joseph W. Smith; 1836, Royal Vilas; 1838, Baron S. Doty; 1839-44, Geo. W. Shepard; 1845-52, Geo. M. Foster.


Settlements were began here under Samuel Ogden, the proprietor, by Nathan Ford, his agent, in 1796, who on the 11th July, 1797, was made his attorney, to sell lands. It had been the intention to commence earlier, but possession of Fort Oswegatchie could not be got. Under the British administration, parties from Canada having obtained from


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the Oswegatchie Indians, leases of extensive tracts of land in this town, had commenced improvements, and were occupying them when first known to the purchasers. As the history of these spurious titles pos- sesses much interest, we will here insert one or two of them.


" To all people to whom these presents shall come; Ogentago, Dowa- sundah, Sahundarish, and Canadaha, the four representatives of the Indian village of Oswegatchie, have this day, by and with the advice of the whole nation, being duly assembled in full council of the whole tribe or nation, as above mentioned, Men, Women and Children being all pre- sent, have this day bargained, agreed, and to farme let for ever, to Major Watson, of Oswegatchie, and to his heirs and assignes for ever, all that tract or parcel of Land, Situate, Lying, and Being, on the South Side of the River St. Lawrence, Beginning at the northwest corner of a tract of land granted to Daniel Smith, and running up along the stream of the river one League, or three English miles; thence East South-east from the Lake or River, into the woods three Leagues or Nine English Miles, thence Northeast one League or three English miles, thence North North west three Leagues or Nine English Miles, along the Line of said Daniel Smith to the place of Beginning, at the River Keeping the breadth of one League or three English miles, from the front of the River with Nine Miles in Depth; to him, his heirs and assigns, with the appurte- mances thereunto Belonging, or anywise appertaining to him the Said Major Watson his heirs and assigns for ever, for the yearly Rents and Covenants herein Reserved to the above Ogentago, Dowasundah, Sahun- darish and Canadaha, their heirs and successors or assigns, forever; to be yearly and Every year after the day of the date hearof, and to com- mence on the first day of December, one thousand Seven hundred and ninety three, the sum of Twenty Spanish Mill'd Dollars, thirteen and one third Bushels of wheat, and thirty three and one third pounds of pork, to be paid on the premices by the said Major Watson, his Heirs, Execu- tors, administrators and assigns, to the above forementioned representa- tives, their heirs or assigns, if legally demanded on the premises, they giving sufficient discharges for the same, every year, hereafter, as the same rent becomes due. Now therefore this Indenture witnesseth, that the above Ogentago, Dowasunda, Sahundarish, and Canadaha, the four Representatives of the above mentioned village, and being the true and lawful owners of the above described Lauds, and for, and in considera- ation of the yearly Rents and Covenants above mentioned, the receipt whereof they do here acknowledge, hath granted Bargained aliened released and confirmed, and by these presents doth, fully, freely, and Absolutely, do grant, Bargain, and sell; alien, Release, and Confirm, unto the said Major Watson, his heirs and assigns for ever all the Title, Interest, Property, Claim, and Demand, of and unto, the above mention- ed Land, and premises, together with all the Trees, Timber, woods, ponds, pools, water, water courses, and streams of water, fishing, fowl- ing, hawking, and hunting, Mines and Minerals, Standing, growing, Lying, and Being, or to be had, used, and enjoyed within the limits and Bounds aforesaid, and all other profits, Benefits, Liberties, priviledges, heriditiments, and appurtunanceys to the same Belonging, or in anywise appertaining, to have, and to hold, all the aforesaid Land, and premises, to the said Major Watson, his heirs, and assigns, to the proper use Bene- fit and Behoof of him, the said Major Watson, his Heirs and assigns for ever, So that neither of them the said Releasors nor their heirs or any other person or persons whatsoever for them or either of them, in their


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or either of their Names or write, Shall, or May, by any ways or means whatsoever, at any time hereafter, Claim, Challenge, or demand any Estate Right Title Interest, of, in, or to, the said above released premices, or any part thereof, But from all and every action and actions, Estate, Right, title, Claim, and Demand, of any kind, of, in, or to, the said pre- mises, or any part thereof. they and Every of them, Shall be for ever Bound, by thease presents, and thay, and Every of them, the above said premises, with the apportunances to the said Major Watson, his heirs and assigns, shall, and will, for Ever Warrant and Defend. In Witness whereof, they have hearunto Set their Hands, and Seals, the Twenty Second day of August, in the year of our Lord one thousand seven hun- dred and ninety tw o.


Sealed and Delivered . in the Presents off,


Senhawe x his Mark.


Sahieh x his Mark. Henry Galton.


Chrest. Swansichton.


Ogentago x his Mark. L. S.


Dowasundah, x his Mark. L. S. Sawhundarish, x his Mark. L. S.


Canadaha. x his Mark. L. S.


T. B. A true Coppy.


Endorsement on Preceding .- Be it for Ever hereafter Remembered, that the chiefs of the Oswegatchie Nation, have received of Major Watson, Jared Seeley, and Daniel Smith, and John Livingston, an actual pay- ment for the consideration contained in the Deeds executed by us and our fathers, comprehending ten miles on the river St. Lawrence, with nine miles back into the woods; we say received the rent in full, for the year of our Lord, one thousand seven hundred and ninety-seven, agree- able to the conditions of the within Lease or Deed, and the said parteys are hear by Regularly Discharged for the same, as witnesses our hands.


his


CANDAHA.


Witness present, Amos Ansley.


mark.


Lashalagenhas, ₭ his mark. Lewangelass, K his mark.


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Onatchateyent, Totagoines, Onarios, Tiotaasera, Aonacta, Gatemontie, Ganonsenthe and Onente, Oswegatchie chiefs, at Grenville, U. C., June 1, 1795, in the presence of Joseph Anderson, John Stigman and Ephraim Jones, confirmed to Catharine and Frances, the wife and son of Capt. Verneuil Lorimier, a verbal lease, executed in 1785, of a tract on the south shore, half a mile on each side of the small river called Black river, and up to Black lake, for the yearly rent of one hundred silver dollars, or money equivalent thereto. This was a full warranty deed with covenant. Lorimier had been a French officer in command of Fort Presentation, and a tradition relates that he also possessed a French title, which with other papers, were scattered and lost in a gale of wind that unroofed his house .* It having been reported the St. Regis Indians dis- countenanced these proceedings. Watson and his associates wrote to them on the subject, and received the following answer, dated at St. Regis, April 10, 1795.


"SIR-We were favored with your letter of the 9 March, and we have to inforni yon that no Indian of St. Regis ever will molest or trouble you on your present possession. You pay our brothers of the Oswe- gatchie, a tolerable rent, and as long as you will make good payment of the same rent to our brothers, who are the same in all respects as our- selves, we shall and ever will be happy to keep you in full possession ; do not ever believe any thing to the contrary from any person whatever. We are with esteem, your brothers and friends,


Tharonhiageton,


Ononsagenra,


Assorontonkota,


Tionategekha.


for ourselves and others of our village of St. Regis."


To still further substantiate their title, the lessees from the Indians pro- cured of the commandent of the Fort at Oswegatchie, a permit to locate upon and occupy the tracts included in their leases. This document is given below, in the orthography and punctuation of the original.


"This is to cartifye that John Levingston Daniel Smith, Major Watson and Jered Seley have made a purchase of a tract of land from the Indians of the Oswegatchie within the Jurisdiction of the British post of Oswe- gatchie, I having examined said purchase and find it to be a fair one therefore the said John Levingston Daniel Smith Major Watson and Jered Seley are hereby ortherized to settle cultivate and improve the saim and I as cummanding officer of said post Do hereby Ratifie and Confirm said purchase and promis the Kings protection to them and Their associates Witness my hand And seal Don at oswegatchie this Tenth Day of June one thousand seven hundred ninty four


Richard Porter. L. S."


By virtue of these titles, and under protection of the British flag, a saw mill was erected west of the Oswegatchie, near its mouth, and the business of lumbering was commenced and prosecuted with spirit, under which the majestic forests so often alluded to in our first chapter, began rapidly to disappear; and these operations extended to the whole river front and the tributaries of the great river, capable of floating spars and rafts.


The following correspondence in relation to these claims and trespas- ses, passed several years before settlements were attempted :


* Stated on the authority of Wm. E. Guest, Esq., of Ogdensburgh.


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NEW YORK, Nov. 1, 1793.


His Excellency George Clinton, Esquire :


Myself and associates, owners of ten townships of land lying on the east side of the river St. Lawrence, having had the honor of addressing you on the 2d of September, 1792, and stating to you as the head of the executive of this state, certain representations of trespasses daily com- mitted on said townships, by subjects of the government of Great Britain, in hopes that through your aid some measures would be taken, either by the government of the state, or by the general government, to put a stop to the great evil of which we complained. But finding from good in- formation that the trespass was not only continued, but very much in- creased, I conceived it for the interest of myself and the other gentlemen concerned, to take a journey to that country, as well to establish the facts contained in that letter, as to endeavor by making a representation thereof to the governor of Canada, to have an immediate stop put to the evil. How far my expectations have been realized, your excellency will judge from a perusal of the copies hereto annexed, of the letters which passed between Governor Simcoe, my Lord Dorchester, and myself.


You will allow me in behalf of myself and associates, to aver to you, that all the facts contained in our letter to you, as well as those contained in my letter to Governor Simcoe, and my Lord Dorchester, are true, and I trust you will readily see the necessity of some immediate and spirited measures to stop the trespass, or the greater of all our valuable timber will be destroyed, and carried out of the United States by a set of men whose only motive is to plunder and destroy. Our title under the state we know to be good, and we conceive we have every just claim for pro- tection and indemnity from it. It is now upwards of eight years that we . paid into the public treasury a large sum of money for this tract of coun- try, under full expectation that we might make peaceable settlements thereon: But unfortunately for our interests, we are not only prevented by the British government from settling those lands, but the subjects thereof have already robbed us of the most valuable part of that property. It is the apprehension of consequences of a public nature, that restrains us from appealing to the law of the state for the protection of that pro- perty. There can be no doubt but that the justice of the legislature ought to give us an ample indemnity for our sufferings. How far then it may be proper for us through you, to make a representation of the hardships under which we labor to it, at the approaching session, is with much respect submitted to your wisdom, and we well knowing yom anxiety for the dignity of the state, and the interests of its individuals, have no doubt that you will do every thing that may be proper in the premises.


I have the honor to be your most obedient humble servant, SAM'L OGDEN.


YORK, UPPER CANADA, August 31, 1793. " His Excellency John G. Simcoe, Esq. :


"SIR-Having obtained under the state of New York, a title to a large tract of land lying on the southeast side of the River St. Lawrence, at or about Oswegatchie, and being informed that many persons calling them- selves subjects of your government, are daily committing great trespass on said tract of land, by cutting and transporting to Montreal large quantities of timber therefrom, I beg leave to represent the same to your excellency, in full confidence that your interposition will put an imme- diate stop to such proceedings as tend very much to my injury. It may


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not be improper to add, that previous to my leaving New York, I was advised, and well knew, that the executive of that state would, on my application, give his immediate aid for the protection of this property. But conceiving such an operation would involve a governmental question (which for very obvious reasons I conceive at this time ought to be avoided), at great expense and fatigue, I undertook a journey to this country, that I might make this representation to your excellency pre- vious to any other measures being taken in the premises.


I have the honor to be, &c.,


SAM'L OGDEN."


YORK, August 31, 1793.


" Samuel Ogden, Esquire :


SIR-I am just favored with your letter of the 31st of August; I beg leave to observe to you, that last autumn on the representation of the Oswegatchie Indians, the magistrates of the town of Augusta, warned some of his majesty's subjects to quit those very lands. I apprehend you claim under a title from the state of New York. In regard to your intimation that the executive of the state of New York, would give its immediate aid for the protection of this property, I have to observe that you are perfectly just in your observation that such would be a govern- mental question, inasmuch as it is obvious to all there is no treaty line, nor can be reasonably expected to be acknowledged by Great Britain, until the prior articles of the treaty shall be fulfilled by the United States. But in the immediate point of view, as this question does not concern his majesty's subjects, who have already been forbidden at the request of the Indians claiming the land, to form settlements on that side of the river, I can only refer you to his excellency the commander-in-chief, for any further explanations you require, to whom your very liberal princi- ples as expressed in your letters which I shall transmit to him, can not but be highly recommendatory, and impress those sentiments of respect, with which I am your obedient servant,


J. G. SIMCOE, Lt. Gov'r Upper Canada."


QUEBEC, September 29, 1793.


" His Excellency Guy Lord Carlton, Governor General, &c .:


MY LORD-His excellency, Governor Simcoe, having in his letter to me of the 31st of August, referred me to your lordship on the subject about which I wrote him, I beg leave to address you thereon, and to in- close you for your information that correspondence, and a representation of some facts, which came to my knowledge since writing to Governor Simcoe. On examining the tract of country which I own, I found the most wanton and excessive waste of timber imaginable, so nunch so, that I conceive injury already committed to the amount of many thousand pounds. I found also, a large saw mill building, within two or three hundred yards of the fort of Oswegatchie, which if persisted in will de- stroy the most valuable tract of timber in all that country. This mill is building by Verne Francis Lorimier, a half pay captain, who lives oppo- site my tract on the western side of the river, with whom I had a con- versation on the subject. After producing a copy of the records of New York, shewing my title to these lands, and representing the injury that would arise to me from the waste of timber which the mill would occa- sion, I offered in order to prevent any further difficulty, to pay him his disbursements in case he would desist. This he refused, and informed


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me that he was conductor of the Indians, on whose lands it was, and that so long as one of them were alive, he should possess the mill. This gentleman being in the employ of your government, for Indian affairs, or agency, and under that pretence is ini the constant practice of selling large quantities of timber. It is not my business, my lord, to discuss any question of a public nature. I shall not, therefore, attempt to reason as to the right the Indians may have to those lands (which I am informed by the governor of New York have been long since purchased of them); on the propriety of the detention of the post at Oswegatchie, or on the recent establishment of an Indian village on my lands. Yet I can not help observing that no claim of title can in the courts of New York, justify those trespasses on my property, which the state stands bound to pro- tect me in. I presume your goodness will excuse the earnest importu- nity of an individual who conceives himself a great sufferer, and feels a most anxious desire from various motives, that your interposition may prevent any further settlement or waste being committed on those lands, until the question of the posts, shall by the two governments be finally adjusted and settled.


I have the honor to be, your lordship's most obed't serv't, SAM'L OGDEN.


In the summer of 1795, Mr. Ford was sent by Ogden to take further measures to obtain possession, and commence a settlement. His letter of instructions, dated Perth Amboy, July 12, 1795, will be read with interest.


" Dear Nathan .- By this opportunity I have written again to my bro- ther * on the subject of his application to my Lord Dorchester, and have told him that you would stay a few days at Montreal, and requested him to communicate to you there (to the care of Mr. Forsyth) his lordship's determination. Now in case of his giving you permission to repair one or more of the houses, and placing inhabitants therein, you will then, while at Oswegatchie, make, with the advice of Major Drummond, the necessary arrangements, and procure some proper person to move therein as my tenant. The importance of this, you will see, and it may become a question, whether you had not better in this case, return from Toronto via Oswegatchie, and spend some weeks, or perhaps months there, this summer and autumn, so as to prepare and arrange things for your reception next spring. If you should succeed in the idea I gave you, respecting the saw mill, then it ought to be kept diligently at work in sawing pine boards and shingles proper for the buildings we mean to erect next year, which ought to be carefully set up when sawed, so as to be seasoned for use next summer. Can not you, by some means or other, possess yourself of a particular account of the distance and route from Oswegatchie up the river and lake, and so on to Fort Stanwix, or such route as the nearest direction may lead to? In doing this, attend to the following queries: 1. What falls of water between the Oswe- gatchie and the lake? 2. What distance from the fort to the lake? what streams put in and where? with a full description of lands, mea- dows, swamps, &c. Be very particular as to this. 3. A very particular description of the lake, as well as the outlet, and the land around its margin, with an estimate of its dimensions and course, so that we may


* The Hon. Isaac Ogden, of Montreal, who became a loyalist in the revolution, and after- wards filled a high judicial station in Canada.


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HISTORY OF ST. LAWRENCE


form an estimate of its situation in the townships. Estimate its course with that of the great rivers. 4. What streams run up into the lake, and what water communication leads from towards Fort Stanwix, and what may be the supposed distance? 5. In your description of land, attend to timber, limestone, intervale, bog meadow, swamps, &c. Let your observations be made in writing, and do not spare paper. Perhaps a few dollars laid out in presents to the Oswegatchie Indians would be useful. You will procure from the commanding officer, at Montreal, a letter of introduction to the serjeant at Oswegatchie. This will become very necessary. Col. Gorden and Col. McDonald, if at Montreal, will aid you in this.


My health is mending. God bless you.


Major Ford.


SAM'L OGDEN.


In answer to the foregoing, the following letter was returned, dated Kingston, Aug. 28, 1795:


" Dear Sir :- I have this moment received your letter dated July 12th. Its contents shall be attended to. I wrote you the 2d and 7th inst., both of which I hope you have received. I left Montreal the 9th for Niagara ; on my way I paid Oswegatchie a visit, and was much surprised to find the dam so completely out of repair. The north end of the dam is to- tally gone for fifteen or twenty feet, and all the gravel is off the dam,- indeed it does not appear there ever was any great quantity upon it. Such another built dam I never saw. It looks more like an old log house than it does like a damn. There is a kind of crib work built up, which supports logs, sét nearly perpendicular, without having even the bark taken off, and chinked exactly like a log liouse. It appears there has been a little gravel thrown on but there is scarce a trace of it left.


Nothing has been done this summer, and I doubt much if they do re- pair. Honniwell has sold out to Lorimier, and he has rented to a num- ber of people, and so confused a piece of business as it is, I never saw. There is no person about the place that can give me the whole history of the business. Honniwell is not at home, or I could have known all about it. I was happy to find that most of the people upon the other side are glad to find that a settlement is to be made, and many intend coming over. I did not go to see Lorimier, and for this reason. After conversing with Mr. Farrand fully upon this subject, we finally con- cluded it would be best for me to show the greatest indifference, merely call at the mill, look at the fort, and take care to inipress the idea fully upon whoever I talked with, that by the treaty the fort was to be given up in June, that there would be a garrison sent there ; that settlers would be brought on and business commenced extensively. This I have done in a way that I hope will have its desired effect. In my absence, Mr. Farrand will make business at Oswegatchie, and sound Lorimier on the subject, and if possible make him apply for terms. If he can be brought to this state, a negociation may be had upon better terms than if I should apply to him. Mr. Farrand concurred fully in this idea, and thinks it the most probable way to accomplish our wishes. Loronier's circum- stances are in a very embarrassed state, the mill, together with the farm, are mortgaged to Honniwell, and many other demands are rising up against the estate. My intention is to return to Oswegatchie, if I keep my health (which thank God was never better). I intend leaving my baggage, and find my way through the woods to the Little falls. This idea I suggested to you in a former letter. Never was any body more


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unfortunate than I have been in passages. I had a long passage up the North river and a long passage to St. Johns, was detained longer at Montreal than was necessary, for want of a conveyance up the river; a a long passage up the river, and as the d -- 1 must have it so, arrived here only two hours too late for a passage to Niagara, and this is the ninth day I have been here wind bound, and what is more than all, a packet which arrived two days ago from Niagara, brings word that the governor left that place six days ago for Long Point, at which place his stay is very uncertain. I shall go on to Niagara, and if I do not find his return cer- tain in a short time, I shall go on to Fort Erie, and there hire an Indian to take me on in a birch canoe, until I find him. I think this will be saving time. The whole time I have been at this place, is completely lost, for I durst not be out of the way for fear the wind should come fair, in which case the vessel would leave me. Were not this the case, I should have visited the isle of Taunty, and the Grand isle .* All this must be left until I return. I believe there will be no doubt of a law suit respecting Grand isle. I have been to the mills upon the Thames, and find them very much out of repair. My time was so short that I could not get a very full account about them and the land. I shall see them again. The greatest object of all is the fixing of the Oswegatchie business, and no stone shall be unturned to bring this to a happy issue. Mr. Farrand tells me, that Lorimier relies upon a French title which he says he has. This Mr. Farrand will get a sight of, and should it be worth any thing, a negociation will be more necessary. Mr. Farrand will be in full possession of all the business against my return, (which I shall make as speedy as possible,) and which I shall not leave until I see an end of. The boat which is going to Montreal is waiting for this, and hurries me so that I have not time to write you as fully as you wish. N. FORD.




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