USA > New York > Schenectady County > Schenectady > A history of the Schenectady patent in the Dutch and English times : being contributions toward a history of the lower Mohawk Valley > Part 3
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* Albany Records, xix. 179.
1
11
Introduction.
as usual transferred to the Director General and Council aforesaid as repre- sentatives of the Lords Directory of the Privileged West India Company; and that whatever the petitioners shall pay for the aforesaid lands to the original proprietors, shall in due time be returned to them, or be discounted to them against the tenths."*
·Before the Governor's authority was received at Beverwyck a freshet laid the country for miles around under water. This was followed a few days after (June 26), by an inundation much greater than the first, which forced the inhabitants to quit their dwellings and fly with their cattle for safety to the woods on the adjoining hills. Incalculable damage was caused by these irruptions. The wheat and other grain were all prostrated, and had to be cut mostly for fodder, affording scarcely seed sufficient for the next spring.
This visitation necessarily caused the postponement of the purchase of the "Great Flat " until the ensuing month when the following deed was obtained from the Indian owners."+
" Compareerde voor mij Johannes La Montagne ten dienste vande Groet Wesendische Compagnie door de GI en Racden Van Nieu Nederlant gead- mitteert, Viers Direct' en Commies op de forts& Orangie en Dorp Beverwy, eenige Oversten vant Maquaes Lant genaempt Cantuquo, Sanareetse, Aiadane Sodackdrasse eigenaers van een seeckere stuck Landts genaempt Op duyts de Groote Vlackten Liggende achter de fort Orangie tusschen de selve en het Maquaes Landt de welcke Verklaeren gecedeert en getransporteert te hebben gelyck sij seedeeren en transporteeren by deesen in reele en Actuelle possessie en sijgondom ten behoeve Van S' Arent Van Corlaer Ret gemelde stuck Landts of groote Vlackten op Wildts genaemdt Schonowe (is) in syn begrip en circonferentie met syn geboomte en killen voor een seecker getal of Cargosoenen voor welck de transportanton bekennen sattisfactie van gehadt te hebben renonceerende voor nu en altyt op alle eygendom en pre- tensie die sij op het gemelde stuck Landts tot nutoe gehadt hebben, be- loovende het te bevryden voor all pretensie die andere Wilden soude hebben konnen. Actum in de fort" Orangie den 27e July A, 1661, in presentie Van Marten Mouris en Willem Montagne daertee versocht.
dit ist merck
van CANTUQUO
THE BEAR.
dit ist merck van AIADANE
* Albany Records, xix. 180. + O'Callaghan's Hist., N. N., II. 438.
12
History of the Schenectady Patent.
dit ist SONAREETSIE
merck van
In Keunisse van mij La Montagne V. Dr en Commies opt fort88 Orangie
M. MOU(RIS) WILLIAM DE LA MONTAGNE .* "
(Translation)
Appeared before me, Johannes La Montagne in the service of the Privi- leged West India Company by the Director General and Council of New Netherland admitted vice-director and clerk (commies) at Fort Orange and village of Beverwyck, certain sachems of the Mohawk's land named Can- tuquo, Sonareetse, Aiadane, Sodachdrasse, owners of a certain piece of land named in Dutch the Groote Vlachte, and lying behind Fort Orange, between the same and the Mohawk's lands, who declare that they have granted, transferred, as by these presents they do grant and transfer in real and actual possession and ownership to the behoof of M' Arent Van Corlaer, the said piece of land or Great Flat by the Indians named Schonowe, in its compass of circumference, with its woods and kils for a certain number of cargoes, for which the grantors acknowledge they have had satisfaction ; renouncing henceforth and forever all ownership and pretensions, which they to said pieces of land heretofore have had and promising to free it from all pretensions which other Indians may have. Done in Fort Orange the 27th July, anno 1661, in presence of Marten Mouris and Willem Mon- tagne hereto invited.
This is the mark X of CANTUQUO,
This is the mark X of SONAREETSIE,
This is the mark × of AIDANE.
M. MOU (RIS)
WILLIAM DE LA MONTAGNE,
Acknowledged before me, La Montagne V. D., and Clerk at Fort Orange.
* Deeds, II. 542.
+ [" The ancient Mohawk village which stood at this place, was called Connocharie- guharie or as Benson writes it Oronowaragouhre, in allusion to the vast piles of flood wood which were left every spring on the flats. The term origoniwoutt, appears to have been applied, at a later period, to the village at the same place ; perhaps the site was a litle varied in its particular location, and perhaps both names were applied at the same time to the place, being different modes of describing the position of the village. When the "Dutch obtained a patent embracing the site in 1661, from Gov. Stuyvesant, the Indian name of the Vlachte or flats was mentioned therein, and it does not appear from
1
Introduction.
On the sixth day of April, 1662, Arent Van Curler again addressed the Director General and Council stating that in accordance with their resolu- tion of the 23d June last, he and his associates had purchased and taken possession of the Great Flat behind Fort Orange and were now " engaged in constructing houses, mills and other buildings upon this plain," and that inasmuch as it was necessary to sow and cultivate these lands this season, which cannot be well done before they have been surveyed and allotted ; therefore he solicits the Director General "to authorize the surveyor Jacques Cortelyou, to measure and divide the same," and for this purpose that he return with the petitioner.
On this petition the following apostil was given.
"Before the requested settlement can be formed and surveyed, the persons who are inclined to establish themselves there ought to number at least twenty families and communicate their names at the office of the secretary of the Director General and Council and furthermore to engage and promise not to trade with the savages." *
Another year passed and nothing was done towards the allotment of the lands among Van Curler's company. The inhabitants of Beverwyck and Colonie Rensselaerswyck " were most anxious to retain the fur monopoly and had sufficient influence with the Director and Council to induce them to order that the settlers of Schenectady should confine themselves exclusively to agriculture and abstain from all trade with the Indians.+ "
On the 9th May, 1663, Governor Stuyvesant wrote to Commies La Mon- tagne and the court of Beverwyck, that by request he had sent up the sworn surveyor Jacques Cortelyou to lay out and survey the Great Flat, but as he " was indirectly informed that some of the new settlers there had dared against his express orders dated April 6, 1662, to sell strong liquors to the
any author, that Schenectady - the original Mohawk name for Albany - was applied to it till after the first surrender of the colony to England, four years after the date of the patent."-Schoolcraft, Notes on the Iroquois.
Van Curler in 1643, designated it as " dat Schoonste landt" that the eyes of man ever beheld.
" This Schoonechtendeel is 24 miles west from Albany."-Danker & Sluyter's Journal, 1680.
Query .- Did D & S., derive their name from Schoon = beautiful, achten = esteemed, valued, deel = portion of land (or del = a valley) ? or was it only a coincidence ? M' M.]
* Albany Records, xxi. 137. + O'Callaghan's History, N. N., II. 441.
14
History of the Schenectady Patent.
savages, he commanded the aforesaid Cortelyou to measure no lands for any individual there except he has previously signed the enclosed indenture in the presence of the commies and commissaries." *
"INDENTURE,
Wee landholders on the Plain called - promise hereby that we will not on the aforesaid Plain nor in its vicinity undertake to trade in any manner under any pretext whatsoever, with the savages either directly or indirectly under the penalty, if we or any of us violate this our solemn promise, without any opposition for the first offence of fifty beavers, for the second offence, one hundred, and for the third, forfeiture of our solicited and acquired lands on the aforesaid Plain.
In witness whereof this was signed by us in Fort - 1663."+
Van Curler laid the above communication of the governor and Council, before the "settlers of Schanechstede" on the 18th May, and proposed that they should subscribe to the annexed agreement as commended to him by Commies La Montagne and the magistrates of Beverwyck.
To this the settlers unanimously answered, declaring their willingness "to obey the Noble West India Company and the supreme magistrates in New Netherland, with other subjects to pay all their taxes, and neither to do nor attempt anything contrary to published orders and placards, fully trusting that their Honors will not treat us less kindly nor impose duties upon us other, than upon the other subjects of this Province and being fully assured that your Honors will Seriously consider, that in consequence of your resolution of date 23d June 1661 these lands were purchased out of our own pockets for the Noble Company, settled at great expence, build- ings erected and the land stocked with cattle and horses ; and that if these settlers be treated otherwise and worse than other subjects, then all their labor would be in vain and they actually ruined, which God avert."
" We petition therefore that it may please your Honors to permit us the continued cultivation of these lands, as by letters patent you granted [ Marten's island ] to Jan Barentse Wemp and Jacques Cornelise [ Van Šlyck ] without any restrictions. #
"Finally as the surveyor is in this vicinity and has no orders to survey the land save the aforesaid agreement is subscribed, we renew our request to prevent future differences and disputes that he may be authorised to survey and allot the land among us, otherwise we shall be compelled to help ourselves as best we can."
A. VAN CURLER, PHILIP HENDRICKSE [BROUWER],
SANDER LEENDERTSE GLEN,
* Albany Records, xx. 350. + Albany Records, xx. 351. # Patent of date Nov. 12, 1662.
15
Introduction.
The mark X of SIMON VOLCKERTSE VEEDER ], PIETER |ADRIAENSE VAN WOGELUM],
alias SOGEMACKLIC,
The mark × of TUENIS CORNELISSE [SWART],
The mark × of MARTEN CORNELISSE WILLEM TELLER, GERRIT BANCKER, BASTIAEN DE WINTER, as attorney in the
[VAN ISSELSTEYN],
name of Catalyn [De Vos], widow of Arent Andriesse [Bratt], PIETER JACOBSE BOSBOOM [DE STEENBAKKER], PIETER DANIELSE VAN OLINDA,
The mark X of JAN BARENTSE WEMP [WEMPLE],
The mark X of JACQUES CORNELISSE VAN SLYCK ." *
This petition was taken into consideration by the Director General and Council on the 18th June, 1663. In their answer the petitioners are again referred to their past action, especially to that of April 6, 1662, in regard to the necessity of settlers at Schenectady confining themselves to agriculture, · "because of the dangers which unavoidably must follow any trade with the Barbarians at such a distant place," reminding them that "it is not and never can be our intention to raise and foster one place and to expose another, yea, even the whole country to imminent danger." t
Renewed complaints both verbally and in writing, having been made to the Director General and Council by the inhabitants of the village of Bever- wyck, with regard to the injuries and losses which might be apprehended not only to Beverwyck and Colonie Rensselaerswyck, but also to Schenectady itself, if trade with the Indians be permitted at the latter settlement, par- ticularly at this dangerous period,-the Director and Council, on the same day, took into serious consideration these complaints, and the danger of carrying merchandize six or seven [Dutch] miles into the country, on horses and wagons, for purposes of trade with the savages, by whom it ought to be expected that such goods would be attacked and plundered upon the road, as indeed had already been the case, and " even attempts made to violate the women, who went thither, as well as other insolences committed by the Barbarians not only in the road but in the settlement itself."
" To prevent all which and many other mishaps, the Director General and Council order that no goods for the savages on any pretext whatsoever shall be carried thither, much less directly or indirectly bartered away, under
* Albany Records, xx. 376. + Albany Records, xxi. 139.
-
16
History of the Schenectady Patent.
penalty of the forfeiture of these goods and merchandize, to be applied one- half for the informer and the other for the officer of Fort Orange, or of Colonie Rensselaerswyck, by whom the prosecution shall be instituted -; to this end commanding their officers and court of Fort Orange and village of Beverwyck not only to have this order vigorously executed, but further- more to visit the new settlement of Schenectady and there make an inven- tory of all the goods and merchandize already carried thither in violation of the act of concession of the Director General and Council of date the 6th of April, 1662, and see them removed thence within thrice twenty-four hours on penalty as before mentioned."
" Done in Fort amsterdam in New Netherland, 18th June, 1663 .*
The year passed away without any adjustment of these difficulties ; neither partition nor patents for the land could be had ; the people felt aggrieved that the privileges of trade should be accorded to Beverwyck and not to Schenectady, but they preferred to risk their cause to the mollify- ing power of time.
On the 17th of April, 1664, another petition was presented to the Director General and Council by Sander Leendertse Glen, Willem Teller, and Harmen Vedder for themselves and the other inhabitants of the settlement named Schaneghstede, soliciting in substance that to prevent further dispute the surveyor might be sent up to lay out and parcel the land and house lots for every person interested.t
The apostil to this petition was, that " the Director General and Council deem it proper to prevent disputes that the land and lots mentioned in this petition should be laid out, and therefore that the surveyor shall be sent up by the first opportunity."
" 20 May, 1664.
" Resumed the apostill upon the petition of those interested in the lands of Schanechstede made the 17th April ;- the surveyor Jacques Cortelyou is commanded to proceed from here on the first Sailing Vessel to Fort Orange to lay out the aforesaid lands in the best manner possible and for the best accommodation of those interested therein, viz .: to each man his Share. In case any dispute arise between neighbors, the aforesaid Cortelyou together with the commissary La Montagne to reconcile the parties if possible and if they cannot succeed, to send their report to the Director General and Council in New Netherland."
"Done in Fort Amsterdam." }
* Albany Records, xxi. 135. + Albany Records, xxii. 169. # Albany Records, xxii. 169.
17
Introduction.
Thus after a delay of two years, Governor Stuyvesant came to an under- standing with the settlers, and the several lots and farms were surveyed and conveyed to them by patents.
INDIAN DEED AND FIRST PATENT FOR THE TOWNSHIP.
The description given in Van Curler's Indian deed of 1661 was quite indefinite and restricted the inhabitants to a comparatively small area.
At this time and even for many years later, nothing was called land except the islands and alluvial flats bordering upon the river. Within ten years after the settlement commenced, all the tillable land was taken up and it became necessary to look for more farther west. Hence originated another negotiation with the Mohawks and the following deeds extinguishing the Indian title to the lands along the river to the present westerly limits of the county.
" On this 28th May, 1670, Kennighke and Auroensie, both sakemakers of the Maquase, acknowledge to have thankfully received the remainder of the sewant, tubs [of beer] and gunpowder, according to the tenor of the accompanying contract, and free the aforenamed buyers henceforth from all claims, and promise never more from this date to make any new action.
In witness of the truth of which we have subscribed this with our own hands by our accustomed marks at Schanechted on the date as above in presence of Robbert Sanders and Jacques Cornelise [Van Slyck] both called as interpreters hereto.
This mark
was set by KENNIGHKE
This mark was set by
DOROWINGOESE
This mark was set by
AUROENSIE.
Robert Sanders.
These letters were AakES set by Jacques Cornelise.
In my presence, J. G. V. MARCKEN Schout .* "
* See original in Dutch in my possession.
3
18
History of the Schenectady Patent.
" On this 3d day of July Aº 1672, appeared before mee John Garretsen Van Marken, admitted publ: nota: by the worshipful court of Albany and the Inhabitants of Schanhectade; together with a sartain Indian called Dohorywachqua and Crage, being the representative of ye foure Mohockx Castells, who declared and promised to hold firm and stable, and will cause to be held in full force and virtue all and whatsoever hee shall act or doe in ye sale of ye Lands Lying Neare The Towne of Schanhechtade Within Three Dutch Myles * in compasse on boath sides of ye River Westwards, which endes at Hinguariones [Towareoune] Where the Last Battell Wass between The Mohoakx and the North Indians; Provided That Jaackes Cornelisse [Van Slyck] Shall have the first flatts or playne,-Except ye In- habitants of Schanhechtade Will Restore unto said Jaaques Cornelisse Two Rundlets of Brandy and one hundred hand of Wampum, which being paid unto sd Jaaques The sª first Playne to Remaine to the Towne."
"Whereupon Sander Leenders Gelen being a former magistrate and John Van Eps, and Sweer Teunisse [Van Velsen] being ye present magistrates of ye sd Towne did acknowledge and declare That They Weare Agreed with ye sd Indian uppon ye purchase of ye Land for ye Summe or quantity of six hundred hands of good Wheyte Wampum,t Six koates of Duffels, thirty barres of Lead and nine bagges of Powder, Which They doe promis unto ye sd Indians in two Terms, viz : The first as soon as The Sachems, or any person by Them authorized shall Comme out of ye Country and Produce full Power from Theyre Inhabitants according to Theyre usuall Manner, and have Thereupon delivered unto ye sd Indian as a present for The old man in the Mohawk Country a Rundlet of brandy, -To the end all Misunderstanding and Complaints May be Washt of and Removed."
"To The trew performance of The premises The sd parties have hereunto Set theire handes, and Wass Interpreted by Cornelis Viele in The Absence of Jaques Cornelisse, -- In Schanhechtade, the date above written." (Signed) " With the Markes of followeth
The Marke
of DOHORIWACHQUA.
The Marke
of CRAGE.
SANDER LEENDERS GELEN. JOHN VAN EPS, SWEER TEUNISSE.
"Attested by me,
J. G. V. MARKEN, Notar : publ :"
* [ A Dutch myl was 3.6394 (commonly called 4) English miles. ]
t A hand of wampum was valued at 4 guilders, Albany Annals, II, 8.
19
Introduction.
" (Coppy) This day the 13th of July is payd unto the Indians above men- tioned in parte of ye purchaze foure hundred hands of Wampum, 30 barres of Lead 3 bagges of pouder. More for a present, 3 ankers good beere, one koatt of duffells, together with the above mentioned Rundler of Brandy."
" (Coppy Transl:) Aºº 1672 The 13th day of July, Did the underwritten Indians appeare before us and do declare that They did confirm all and whatsoever the Above written Indians by Name Tohoriowaghque and Crage in the Annexed Instrument have acted, and doo by These presents prommise, with the Last payment to give all further Assurances of the s1 Land, and That They and Theyre heires Shall desist from all further Claymes and pre- tences whatsoever.
" In Witness whereof They have hereunto set Theyre handes, In Schan- hechtade at the house of Gerritt Bancker and in the presence of Severall particular Indians The Day and Yeare Above written.
" Signed with ye following markes.
The Marke of
CANACHQUO.
The Marke of
of OCQUARRY.
The Marke
of TOHORIOWACHQUE.
Attested by mee,
(Signed) J. G. V. MARCKE, Nota. pub.
Compared and found to agree with the prinsip: by mee. LUDOVICUS COBES, secret."*
By virtue of the foregoing conveyance from the Indian proprietors, appli- cation was then made to the Governor and Council for a patent and with what result will be seen by the following proceeding in Council.
" At a Councell Oct. 15, 1675.
Present - The Governor, The Secretary, Capt. Dyre, Mr. Philips.
Sander Leenderts Glen and Ludovicus Cobes, Schout of Schanechtade, pro- duce (with a request from their Village) severall papers relating to an Indyan purchase &c., made Anno, 1672, somewhat before the surrender of this place to ye Dutch, and desire a Patent for ye lands three miles of each side of the River.
They desire twelve miles farther, which they pretend to have purchased and make severall other Proposalls.
* Land Papers, I. 47.
20
History of the Schenectady Putent.
In answer whereunto, It is resolved as followeth viz'.
To ye first Proposall, That they have a Patent for ye land about, and above Schanechtade, but there appearing no leave from ye Governor to buy ye same, nor a full information of the Premises, It is to be suspended for ye present, but no one else shall have a graunt for that land before them, In meantime it may Continue in Common as formerly.
The Bouweryes or farmes of Schanechtade are to pay for each of them conteyning 20 morgan and so proporconably four Bushels of Winter Wheat pr annum as a quitt Rent.
To ye second concerning their Priviledge of Trade or handling wth ye In- dyans.
The Governor's Ord's made above to bee observed.
To ye 3d, That they may be excused ye paym' of their Burger's Packt or Excise att Albany and may bee ad."
*
" It is ordered that ye Magistrates of Schanechtade shall at this time have liberty to impose and levy upon ye Inhabitants there the 300th penny for to pay present debts and defray publique Charges.
To ye last request that may have a peculiar seal for their own particular affaires relating to their town,
It is likewise graunted, and that a seal shall be made and sent them by the first convenience."
Thus the reasonable petition of the inhabitants was denied for informality and indefiniteness; first because, "leave from ye Governor to buy ye same," had not first been obtained and secondly, because "full information of the Premises" was not given. And to add to the difficulties of the case, the Mohawks were inclined to repudiate the sale of their lands or at least de- mand a double compensation, as shown in the following minute of a council held by the Mohawks, before the Governor.
" The Sachem spake for himself, That one Arent Van Corlaer bought all Schannectade and paid for it, but now there be some who have bought only Grasse, and pretend to the land allso; they say allso that they have bought the first flatt, but that is not so, for it belongs to Acques Cornelisse [Van Slyck], who is to have it, and none else, for he is of their [Mohawk] people and it is his inheritance ;- that there are writings made of a sale of land, but it was never sold, but only the grasse, tho' it may be some drunken fellows may have made some writing without their knowledge,-That they have only bought the Grasse and now are going to live upon it, but they ought to pay for the land as well as the Grasse, and that they had given some to
* Council Minutes, III. 2nd part, p. 59.
21
Introduction.
that woman Hillah and another Leah,* who have the property of it ; - the others have only the Grasse ; - That now he has declared this matter and desires notice may be taken of it ;- and says that shame shall never come upon him, or to be found in a lye."t
Answer.
" That it is the custom of the Government and amongst Christians when they sell the Grass to sell the land allso; and if they be not paid for the land they shall be, and that the people of Schaunectade say that they sent Acques to purchase the land in the name of their Town, and that Acques bought in his own name; and they sent allso one Kemel to purchase it for the Towne, the Indyans told him that Acques had bought and paid some part of the payment, and they desired them to pay Acques the money back and the Towne should have it, which the Towne did and Acques was satisfied; it is the custom of this place to do justice among ourselves and if Acques have a better title than they for it, he shall have it."
Whatever may have been the arguments used on this occasion, whether in the shape of " ankers of good beere," or a "rundler of brandy,"-potent reasons ever with the Indian,- opposition ceased from this time and the Governor and Council were brought to grant the inhabitants the following much needed Patent for the ancient township, afterwards city of Schenectady.
" Thomas Dongan, Leiutenant and Governour and Vice-Admirall under his Royall Highnesse, James, Duke of Yorke, &c., of New Yorke and its Dependencyes in Amerca &c.
To all to whom these presents shall come, Sendeth Greeting, Whereas Tohorywachqua and Crage, Representatives of the four Mohake Castles, have for themselves, and Canachquo, Ocquary, and Tohoriowachque, true and Lawfull Owners of the Land within menconed, have by their certaine Writeing, or Deed of Sale, dated the third day of July Anno Dni 1672, Given and Granted unto Sander Lendrs Glenn, John Van Epps, Sweere Teunesse, as being impowered by the Inhabitants of the Towne or Village of Schenectady and Places adjacent, a Certaine Tract or Parcell of Lands, beginning at the Maques River, by the Towne of Schenectade, and from
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