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 4
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* Hilletie a half breed, sister of Acques Cornelise Van Slyck, married Peter Danielse Van Olinda the First Settler; the land given her by the Mohawks was the " Willow Flat " below Port Jackson and the Great Island at Niskayuna. Leah, probably her sister, married first Claes Willemse Van Coppernol and secondly Jonathan Stevens. She owned a portion of the " Willow Flat " with her sister Hilletie.
+ Council Minutes v. 11. # Council Minutes, v. 12.
22
History of the Schenectady Patent.
thence Runnes Westerly on both sides up the River to a Certaine Place called by the Indians Canaquarioeny, being Reputed three Dutch Miles or twelve English Miles; and from the said Towne of Schenectade downe the River one Dutch or four English miles to a kill or creeke called the Ael Place, and from the said Maques River into the woods South Towards Albany to the Sandkill one Dutch Mile and as much on the other side of the River North, being one Dutch mile more, there being Excepted in the said Bounds all Corne and Sawmills, that now are or hereafter shall be erected Within the Bounds of the said Towne, that they be lyable to pay a perticular Quitt Rent for their Priviledges, besides what is herein sett forth, as shall hereafter be agreed for by the Inhabitants of the said Places, or owners of such Mills, with such Governour, or Governours as shall be Appointed by his Royall Highnesse; and likewise that noe Timber or Wood be Cutt but within the Bounds aforesaid, the said Excepcon being agreed upon by Myselfe as by a Certaine Writeing bearing date the 7th day of August last Past, doth more perticulerly Appeare:
Now know Yee that by virtue of the Comicon and Authority to me Given, by his Royall Highnesse James Duke of Yorke and Albany, Lord Proprietor of this Province, I have hereby Given, Granted, Ratifyed and Confirmed and by these Presents doe Give, Grant, Ratifye and confirme, unto William Teller, Ryert Schermerhorn, Sweer Teunessen, Jan Van Epps and Myndert Wemp on the Behalfe of the Inhabitants of the Towne of Schenectade and Places Adjacent aforesaid, Dependencyes thereon, there Associates, Heires, Successors and Assigns, all and Singular the before recited Tract and Tracts, Parcell and Parcells of Land, Meadow, Ground and Premises with their and every of their Appurtenancyes, together with all and Singular the Houses, Buildings, Messuages, Tenements, Heridita- ments, Dams, Rivers, Runnes, Streames, Ponds, Woods, Quarryes, Fishing, Hawking and Fowling, with all Priviledges, Libertyes, and Improvements whatsoever, to the said Lands and Premisses belonging, or in any wise apper- taining, or accepted, reputed, taken or known as Part, Parcell, or Member thereof, with their and every of their Appurtenances ; Provided Alwayes that this shall not anywayes make null, or void a former Grant or Pattent, bearing date the 30th of October last past made to Jacques Cornelisse of a Piece of Land lyeing within the Bounds heretofore menconed of the Towne of Schenectade, (that is to say ) the Land Lyeing and being betweene two Creekes, the one called the Stone Creeke to the Eastward, and the other the Platte Creeke to the westward thereof, the Low Land lyeing along the River side on the South of the Maques River, and then to the north of the Land belonging to the Inhabitants of Schenectade, the same Containing Forty Morgan or Eighty acres of Land, as alsoe Forty Morgan, or Eighty Acres of Woodland or upland more, on the West side of the Platte Creeke, adjoining to the arrable Land along the River side, which was wholly exempt by the Indian Proprietors, in the sale of this Land, as belonging to
23
Introduction.
Jacques Cornelise : - To have and to hold the aforesaid Tract and Tracts, Parcell and Parcells, of Land and Premisses with their and every of their Appurtenances, unto the said William Teller, Ryert Schermerhorne, Sweer Teunessen, Jan Van Epps and Myndart Wemp on the behalfe of the Inhabitants of the Towne of Schenectade and their Associates, their Heires, Successors and Assignes, unto the propper use and behoofe of the said William Teller, Ryert Schermerhorne, Sweer Teunessen, Jan Van Eps and Myndart Wemp, their Heires, Successors, and Assignes forever, to be holden of his Royall Highnesse, his Heires and Assignes in ffree and Comon Soccage, According to the tenure of East Greenwich, in the County of Kent, in his Maties Kingdome of England, Yielding and Paying therefor, Yearly and every Yeare, as a Quitt rent, for his Royall Highnesse use, unto such officer or Officers as shall be appointed to receive the same att Albany forty Bushels of Good Winter Wheat, on or before the twenty-fifth day of March.
Given under my Hand and Sealed with the Seale of the Province, at ffort James in New York, the first day of November Anno Dni 1684, and in the thirty-sixth Yeare of his maties Raigne.
THO. DONGAN."
The importance of this grant will appear from the fact that it is the source of all legal titles to lands embraced within 128 square miles of territory given subsequently to the first day of November, 1684.
The five trustees therein named, or their survivors and successors lawfully appointed, thereafter became the granters of all the public or common lands of the town. Previous to this date all lawful conveyances were in the first instance made by the Governor and Council.
Of the five original trustees, Myndert Wemp, Jan Van Eps, and Sweer Teunise Van Velsen were killed Feb. 9, 1698 leaving only Reyer Schermer- horn and Willem Teller survivors. The latter, then an aged man residing in Albany, took but little active interest in the management of the Patent. In 1692 he removed to New York, where he died in 1700, from which time until the confirmatory Patent of 1714, Reyer Schermerhorn was sole trustee.
By the destruction of the village in 1690 and subsequent wars with the French and their Indian allies, the inhabitants of Schenectady had lost all but their lands ; in consequence of which Schermerhorn petitioned the Governor in 1698 for an abatement of the quit rent due,-40 bushels of wheat yearly,-according to the Patent of 1684, but his request was not granted .*
* Land Papers, II, 271.
24
History of the Schenectady Patent.
Making due allowance for water, there were about 80,000 acres of land in the Patent of Schenectady, -- all under the charge and management of one trustee, save the few farms which had been heretofore granted. This one man power was distasteful to the people and it was urged against Scher- merhorn that he disposed of the lands belonging to the village, without rendering any account of the same ; they therefore petitioned for an en- largement of their privileges by a new charter which should give them power of choosing five trustees to hold office three years, who should account to their successors for the management of their trust. To this end the following petition of date Oct. 10, 1702, was sent to the Governor and Council.
"To His Excellency Edward Lord Viscount Cornbury, her Majies Capt. General and Commander-in-Chief of the Province of New York and all the tracts and Territories of land depending thereon in America, and Vice Admirall of the same, &c., and to the Honorable Councell,
The Humble address of the Inhabitants of the Village of Schenectady in the County of Albany
Humbly
Sheweth
How that sometime in the year of our Lord one thousand six hundred, cighty-four the late Govern' Thomas Dongan, being at Schenectady afore- said, ordered ye payment of all ye quit rents then due to be made. The in- habitants Addressed themselves to ye said late Govern' to agree for the said quit Rents and to obtain a Generall Patent for the Lands Belonging to the said Village ;- the said late governour bidd them appoint some Persons to agree to ye Same, Whereupon some few Persons Desyned William Teller, Ryer Schermerhoorn, Sweer Teunisse, Jan Van Eps and Myndert Wemp, who agreed for said quitt Rent, and in Pursuants thereof the said Ryer Schermerhoorn without any qualification hath obtained a generall Patent dated ye first of November, 1684, to the aforementioned few Persones, their heirs and assigns forever. The said William Teller being at Schin- nectady sometime in June, 1700, when many Inhabitants complained of ye Grievance they suffered by ye administration of said Ryer Schermerhorn and John Wemp, whereby virtue of said Patent [they] dispose and sell the lands belonging to said Village and buy other as they then will, without Rendering any account of the same ; Whereupon ye said William 'Teller Declared that he never knew that the Intent of the Patent was upon *
therein mentioned and their heirs and their * * to hear * in * ye said Inhabitants may yearly have a * * and * * * said Patent should [be] altered to the end that * of five (?) trustees for ye said village, and since ye said Sweer Teunisen is deceased without leaving an heir and John Van Eps, Myndert Wemp and William Teller also deceased and John Barentse [Baptist] Van Eps Sonn and heir of said John
Introduction.
25
Van Eps refews to Administer ye said Patent, the heirs of said Teller living at New York so that the whole administration of said Patent is so managed by the said Ryer Schermerhorn and John Wemp his sonn-in law in manner as aforesaid.
Wee the Inhabitants aforesaid doo therefore most humbly pray your Lordship and honble Council to take our Case into your serious consideration and that yee Power of said Ryer Schermerhorn and the heirs of said Three deceased may be annuld and made Void and to present a new patent Con- firming the Land [and] other Priviledges as in the Present Patent is con- tained for ye Behoofe of the Inhabitants of said Village,-Together with an addition that yearly and every year five Persons by the Major votes of the said Inhabitants be chosen Trustees over ye said Village and be accountable of there Proceedings at the Determination of Three years, humbly Sub- mitting to your Lordship to appoint such Persons for Trustees as aforesaid for ye first year and your humble Petitioners as in duty bounde shall ever pray, etc.
Albany the 10th of October, 1702.
(Signed)
Tjerck Fransen [vande Bogart].
barent (?)
bent Robberse [Benj. Roberts].
Johannes Glen
Cornelis Van Sleyck. Jan Meebie.
Jan luyse [Wyngaard].
Seyas Swart.
Isles Van de Vorst.
Arent Vedder.
Symen Groot.
Samuel braedt.
Johannes Mynderse.
Johannis Teller.
Marte Van Slyck.
Gysbert Gerritse [Van Brakel].
Geysebert Marselis.
t'merck HB van Hendr: brouwer.
Barent Vrooman.
[Jacobus] Van Dyck (?)
- Van benthuis.
John Sanderse Glen.
Albert Vedder.
Adam Vrooman. * *
Jan Vrooman.
barent Wemp.
Jacobus peeck.
harmen Van Slyck.
Isaac (?) Danielse (?)
phillip philipse.
Isack Switts.
daniel Van O Linda.
Daniel Janse [Van Antwerp].
Claes Van
Johannes Jacobsen Glen.
*
Pieter Van Olinda .* "
.
As it had been charged that the first Patent granted the lands to the patentees therein named and to their heirs, successors and assigns, the second Patent given on the 17th Feb., 170ยง, in response to the foregoing
* The skin of parchment on which this petition was written is badly worn and de- faced. It is deposited in the New York State Library at Albany.
4
26
History of the Schenectady Patent.
petition, after reciting the Dongan Patent, conveyed the lands therein mentioned to Col. Pieter Schuyler, John Sanderse Glenn, Adam Vrooman and John Wemp, jointly or severally to be trustees for managing the trust and estate aforesaid, together with the said Ryer Schermerhorn or by them- selves. Schermerhorn paid no regard to the new charter, nor to his fellow trustees but still continued to act as sole " trustee for the town in receiving the rents, issues and profits thereof, and in prosecuting suits of law in his own name only, without giving any account thereof."
All this too in spite of suspension from his office by the Governor. The secret of this stubborn persistance in the duties of his trusteeship was doubtless the fact that the first Patent of 1684, was still binding, notwith- standing the granting of a second, and also to the further fact, that in Schermerhorn as the sole survivor of the trustees therein mentioned was vested all the authority and power originally granted to said five trustees.
The fee of the land was in him, his " heirs, successors and assigns," and could only be alienated by death or release in due form. In consequence thereof, Col. Peter Schuyler and Johannes Glen, two of the new trustees petitioned the Governor for an amended charter and were followed by the citizens asking for a yearly election of trustees and a more strict account- ability to the people; whereupon the Governor granted their request in the charter of April 16, 1705, from which after reciting both the former charters of 1684 and 1703*, Schermerhorn's name as trustee is omitted.
The following petitions set forth the grievances which agitated the people and led to the granting of the third charter above mentioned, and to the suspension of Schermerhorn from his office.
"To his Excellency, Edward Viscount Cornbury, Captaine Generall and Governour in Cheife of the Province of New York and New Jersey and all the tracts of land thereon Depending in America, and Vice-Admirall of the same.
"The Humble Memoriall of the Inhabitants of the Towne of Schenectady. May it Please your Lordship
That upon ye complaint of us the said Inhabitants made to your Ex- cellency in Councill the twenty-first day of Aprill last [1704], of diverse abuses and unjust proceedings committed in the said towne by Ryer Schermerhorne, your Excellency was pleased to order the said Schermerhorne and one John Wemp and Thomas Williams to attend your Excellency in Councell, who accordingly appeared the twenty-fifth day of May then next
* See charter of April 16, 1705.
27
Introduction.
following [1704], upon which day after a full hearing of all matters against the said Mr. Schermerhorne, your Lordship in Councell did think fitt to suspend the said Mr. Schermerhorne from acting further as Trustee of the said Towne and that Likewise an order should Issue to her Majesties late Attorney Generall to Draw a new Patent for the said Towne and therein to appoint Coll. Schuyler, Johannes Sanderse Glenn, Adam Vrooman, Daniel Janze [Van Antwerpen] and John Baptist Van Eps, Trustees for the said Towne for one year with power to the Inhabitants Yearly to Choose five Trustees who should be accountable to the Sucseeding Trustees of their doings in That Trust.
Notwithstanding the said Schermerhorne in Contempt of your Lordship's suspension as aforesaid and not regarding any of the Orders so made by your Excellency in Councell as aforesaid touching the same, doth still con- tinue to act as Trustee for the said Towne in Receiving the rents, Issues and Profits thereof and in Prosecuting suites of Law in his own name only, without giving any account thereof to the Trustees lately so appointed by your Excellency; And Particularly the said Mr. Glenn and Mr. Vrooman having for the necessary Defence of the said Towne employed persons, who have been at expence in fortifying the same, Yett by the said Mr. Schermer- horne receiving the rents and Profitts of the said Towne (which ought to be applyed toward the defraying that necessary charge), the said Mr. Glenn and Mr. Vrooman are rendered uncapable to pay the same or to pay her Majesties Quit rents [1704].
All which is humbly Submitted to your Lordships great Wisdome .*
P. SCHUYLER, JOHANNES GLEN."
" The humble memorial of the Inhabitants of Schenectaday. May it please your Lordship.
The said Inhabitants of Schonectady by Virtue of Purchase from the Natives with the consent of the Goverment being seized of divers parcells of Land about the year 1684, had the same confirmed to them under a certaine quit rent by ye then Gov".
This Confirmation was made in the name of Willem Teller, Ryer Schermerhorn, Sweer Teunise, Jan Van Eps and Myndert Wemp in trust for the said Inhabitants according to their respective Interests.
The rest of ye Trustees being dead the onely Survivor, Ryer Schermer- horn has taken upon him to dispose of severall parcells of the same Lands and the Rents, Issues and profits of the same as if the same were his owne property and not a Trust as indeed it was, refuseing to be accountable to the Parties Interested.
To remedy this the Inhabitants aforesaid having made their applycacon to your LordP By Letters Patents under the Great Seal [of date 17 Feb.
* Colonial Mss., 1, 52.
28
History of the Schenectady Patent.
1703], appointed Peter Schuyler, Johannis Sanderse Glenn, Adam Vrooman, John Wemp and Ryer Schermerhorn as Trustees on the behalf of the said Inhabitants with severall powers and Authoritys, but this hath hitherto proved ineffectual.
It is their humble Request and they offer it as a means for their relief that your Lord? will please to Nominate and appoint five proper persons as Trustees for the said Inhabitants for the management of their Comon affairs with Liberty of an Annual Choice by the major vote of the said In- habitants of five persons as Trustees in succession, who respectively may be accountable to the successive Trustees for such monies, Issues and profits as may in Generall belong to the said Inhabitants, Which is humbly sub- mitted to your LordP" Great Wisdome, By your Lordps? most humble and most obedient Servants.
On behalf of the said Inhabitants.
J. ABEEL, EVERT BANCKER .* "
Accompanying the above petition was a list of lands sold and leases taken by Ryer Schermerhorn, for which he is said to have given no account to the Inhabitants.
" A list of ye Lands and Income of the towneship of Schonhectady, viz:
Jacobus Peek, agreedt for his land.
Esias Swart, his land.
Jan Brouwer, his lands.
Phillip Groot, his land of ye Sixt plains [sixth flat], Phillip Groot has also ye fyft plains [fifth flat] in hiere.
Cornelis Slingerland, hows lott boght.
Johannes Myndertse, hows loot boght.
Claese Franse [van de Bogart], oplandt boght.
Symon Groot, oplandt bought.
Jonathan Stevens, oplandt bought and some cattle.
hendrik brower, opland bought.
Jellis Vonda, oplandt bought.
Jacobus peek, landt upon Earequiet of Erfpacht [quit rent].
Jan Landertse, Earequiet [quit-rent].
Lewies Viele, his Landt fore ye fourth shalf of 4th Garf [the fourth sheaf]. Lewis Viele the Groet of his former Landt and some cattell and hoggs. Arent Vedder, Earequiet [quit-rent].
* Read in Council 21st April, 1704: Warrant to the Attorney General, 23d May, 1704. Land Papers III. 186.
29
Introduction.
Claes franse [van de Bogart], Earequiet.
Carel Hanse [Toll], Earequiet.
Ryer Schermerhorn, Earequiet.
Tam Smith, Earequiet.
Martje Mastkraft, Earequiet.
These lands are given out. If any more wee cannott tell, nor what day Give.
These folling man [men] had last Jeare transports [deeds] for Great Rewards [of great value ?] pretending for the town Juse.
Barent Wemp, Gysbert Gerritse [Van Brakel], Isack Swits, Jan Luycasse, Jan Vrooman, Jan batist [Van Eps], and others.
What ye above mentioned persons pays Jearely wee cannot tell by reason wee nifer had none of ye peapers, nor conditions."*
Opinion of SAMPSON SHELTON BROUGHTON, ESQR., in regard to Ryer Sche- merhorn's "mismanagement and breach of trust."
" May it please your Excellency.
In Obedience to an Order of your Excellency in Councill of the Eleventh instant to me made to consider of Ryer Schermerhorn's breach of the trust Committed to him in the Patent Granted by Coll: Dongan in the year 1684 to the towne of Schenectady, and to Report to this board what is proper to be done in the premises. I do hereby most humbly signifie to your Excel- lency and this board, that I have weighed and considered the said matter to me referred and do find the said Schermerhorn guilty of very great misman- agements and breach of trust upon the Patent aforesaid and of Great dis- regard and Contempt of your Excellency and this board and the Acts thereof and am humbly of opinion that the said Ryer Schermerhorn ought not to continue longer in the said trust but to be Discharged from the same.
And I do not upon the whole matter find that the Misdemeanor aforesaid Does render the said Ryer Schermerhorn so Criminal in Law as to subject him to a higher punishment.
Wh: is most humbly submitted to your Excellency's better Judgment by My Lord
Your Excelleys Most obedient humble servant
18 May 1704
SA: SH: BROUGHTON". +
On the 25 of May, 1714, Schermerhorn appeared before the Governor and Council "and after a full hearing of all matters" against him, was suspended from "acting further as Trustee of the said Towne." But as he continued
* Land papers, III. 186. + Land Papers, III. 186.
30
History of the Schenectady Patent.
obstinate, disregarding the demand of the new Trustees for an accounting to them of his official acts, they commenced a suit against him in the court of chancery.
The following is the substance of their complaint:
" 1705 July 5 - Will Sharpas S
Complaint of PETER SCHUYLER, JOHN SANDERSE GLEN, ADAM VROOMAN, DANIEL JOHNSON [DANIEL JANSE VAN ANTWERPEN] and JOHN BAPTIST VAN EPS, trustees of the town of Schenectady. VS. RYER SCHERMERHORN.
Whereas Col. Dongan, Governor &c., being at Schenectady, the inhabi- tants petitioned for a General Grant or Patent in behalf and name of the freeholders and for the settlement of the quit-rents, which they were to pay. Col. Dongan directed the Inhabitants to appoint some persons from their number to agree with him for said rents & Patent : said inhabitants ap- pointed Wm. Teller, Ryer Schermerhorn, Sweer Tunisse. John Van Eps, and Myndert Wemp for that purpose.
Wm. Teller, Sweer Teunisse, Jno. Van Eps, & myndert Wemp deputed Ryer Schermerhorn to solicit & obtain the Patent for the freeholders .- The inhabitants advanced money to pay fees & charges, which was delivered into the hands of R. Schermerhorn who employed said monies in obtaining a Patent for R. Schermerhorn, Wm. Teller, Sweer Teunissen, Jno Baptist Van Eps & Myndert Wemp & their heirs and assigns forever,-and hath detained said patent in his custody with out acquainting the other corporators with the purport of the same. About five years since Sweer Teunissen, Myndert Wemp & John Van Eps being dead, - Wm. Teller declared that he never knew that said Patent was to the Corporators & their heirs & that it was contrary to the intent of the inhabitants.
Teller is since deceased and Ryer Schermerhorn the only surviving Trus- tee has combined with John Wemp, Barent Wemp, John Glen, Godeit [Gerrit] Symonse [Veeder], John ffroman, Claas Van Patten & others & does sell and give away the lands of said Patent, and cut down & carry away the timber from said lands & refuses to give the inhabitants any account of his doings.
The complainants therefore petition the Court to call Ryer Schermerhorn to account .*
(Signed)
B. COSENS."
The year following the trustees commenced another suit in the same court, to wit, on the 13th of June, 1706, of which the following is the notice in the clerk's office.
* See Complaint in the office of the Court of Appeals.
31
Introduction.
" Petition of PETER SCHUYLER, JOHN SANDERSE GLEN, ADAM VROOMAN, DANIEL JOHNSON [DAN- IEL JANSE VAN ANTWERPEN, ] and JOHN BAP- TIST VAN EPS, Trustees of Schenectady,
VS. SYMON GROOT, JR., SYAS SWART and JONATHAN STEVENS.
Charges that the defendants have taken possession of lands belonging to the freeholders of the town of Schenectady pretending to deeds of convey- ance, or releases for the same, but refuse to show any evidence of their title. Prays that said defendants may be cited before the Court of Chancery to show their titles to said lands if they have any.
(Signed) B. COSENS .* "
Filed June 13, 1706.
The complaint of Col. Schuyler and others against Schermerhorn as above given, was dated July 5, 1705 ; for the purpose of commencing a counter suit in the same court, he and his friends executed a power of attorney, July 28, to Jacob Reynier and Abraham Gouverneur of New York, to file a bill- "against such persons and according to such instructions as you or either of you shall have from us."
The following copy of said power is chiefly interesting now, as showing the respectable and numerous following which Schermerhorn had in his contest with the new trustees.
"To Jacob Reynier, Esq., and Abraham Gouverneur, Gent : of the Citty of New York.
NEW YORK, SS :
Wee the subscribers Inhabitants and freeholders of The Town of Schonegh- tade in the County of Albany do for and on behalf of ourselves and the Rest of our Township hereby make, ordain, Constitute and appoint you the said Jacob Reynier, Esqr, and Abraham Gouverneur, Gent : our Lawful, Attorneys and Sollicitors for us and In our Names at our Suits and To the use of the said Township to file a bill In the Chancery Court of This Province against Such persons and according To such Instructions as You or Either of You Shall have from us or Some of us, and To Prosecute the Same with all Vigour and Effect and to Retain Councell and in all other things to Act and Do what shall seem Necessary to you or Either of You for the Carrying on of the said Suit and for your, or Either of Your so doing this Shall be To You or Either of You a Sufficient Warrant.
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