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 6
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43
Introduction.
Sundays successively were so affixed at the said Several places where Divine Service was held just before Divine Service began in themn respectively and in some of them continued till after the Commencement of Divine Service, and in another of them till the Service was over ;- That Divine Service was held on the said three Sundays successively at all the said several places, except the unfinished Presbyterian Church aforesaid ; - That at the several times when the said Notices were so affixed they were read more or less at the different Places where they were so affixed by a Variety of different Persons, Inhabitants of the said Town and resorting to the said Places of Worship ; - That most of the said Notices were taken down soon after they were fixed up, but by whom this Deponent knows not ; - That this was the Reason for fixing up new Notices on every of the said three successive Sundays ; That this Deponent is neither directly nor indirectly interested in the Common Lands of the Township of Schenectady and further saith not. JOHN LITTEL."
"Sworn this 25 day of February, 1771. Before his Lordship in Council GOL: BANYAR D: COU! * "
The next step in the controversy was an attempt to compromise in ac- cordance with " the recommendation of the honorable general assembly as well as for the love of peace and unity," and in the progress of this com- promise the following paper was addressed by Schermerhorn and his friends to the committee appointed for this purpose by the trustees.
" Gentlemen,
" We received your proposals and tho' we can by no means doubt of your Intention to settle, yet can not help observing that whenever a Controversy is intended to be settled, the partys can neither server themselves, nor can their setting forth Title, Trust, Pretentions, and frivelous allegations be any means to forward it, because if need be such matters comes more properly before the Gentlemen to be appointed who will Judge of the facts as they appear;
" Whatever advice you may have on these heads you certainly do not imagine such can in any wise add to the merit of your Claim, or have any weight with us, nor our not answering you thereon, will in any shape lessen ours.
* Council Minutes, XxVI. 210.
44
History of the Schenectady Patent.
"From the Recommendation of the Honorable Gen1. Assembly, as well as for the love of peace and unity we could apprehend no other than that a few of you with an equal number of us was to have met and used our mutual endeavors to settle the points in dispute, but on the contrary, at meeting, find that not the Case, as one of your four men said to be Impowered, was not of the number called Trustees; reasons could be given for this impropriety; however.it being our earnest desire and real intention to come to an amicable settlement will avoid every thing that can be thought to have the least tendency to the Contrary and come to the point, vizt:
" We agree to Confirm by an Act of the Legislature, or otherwise all Grants of Arent Bradt and his predecessors not exceeding one hundred and fifty Acres to each person to the time an Injunction from the Court of Chancery was served on him, according to the List he then gave in on Oath, except such Lands as the Proprietors have in possession, which shall be a part of their share;
"And further, that no poor person may in any wise suffer by or thro' any Act to be done or Committed by us or either of us, agree that every such poor person or persons, or let them be poor or rich who may be now in possession of Lands without a deed or deeds and not Comprehended in the aforesaid Sworn List, that such person or persons shall have their said pos- sessions confirmed to them in like manner as the others, who may have im- perfect Deeds &c., providing the same of each person do not exceed one hundred Acres and will likewise come into and agree to any other matter or thing that can possibly be proposed to us for the good of the poor.
" We also agree that a tract not exceeding ten thousand acres remain in Common for the Use of the Inhabitants for ever, in such a part or parcells as may be Judged most proper for that purpose;
"Should our aforesaid proposals be objected, We consent and agree that a Law pass mutually to Impower Two, four or Six indifferent persons And the sd Two, four or six to nominate a 3d, 5th or 7th, and a majority of them be authorised finally to determine and end the whole Controversy without being Subject to any Regulation, Proviso, or Restriction and to have as much of their proceedings framed into a Law as they Judge re- quisite to render the same Compleat and Effectual.
"And lastly if we cannot mutually agree on the nomination the three, five or seven persons as above mentd that then the Hoñble Genl. Assembly be requested to nominate them.
-
45
Introduction.
" Gentm,
Having seen your power and tho' not so perfect as it shou'd, We never- theless give these our said proposals, which we will abide by, providing your said power be made Compleat. Signed
For themselves PETER VAN BENTHOUSEN,
RYER SCHERMERHORN, - and other Pro- JOHN GLEN, - prietors."
JOHN DUNCAN.
Octo" 2d, 1773, To Abraham Wemple, Harm's Bradt, Ab'm Fonda and Christo Yattes."
" To his Excellency William Tryon Esquire, Captain General and Governor in Cheif in and over the Province of New York and the territories de- pending thereon in America, Chancellor and Vice-Admiral of the same in Council.
"The Petition of Ryer Schermerhorn, John Glen and Peter Van Benthuysen in behalf of themselves, and Tunis Van Vleck, Claas De Graff, Philip Van Petten, Hendrick Brower Jr., Peter Clement, Peter Mabie, John B. Van Eps Junior, Harme Vedder, Henry Glen, John Teller, Cornelius Glen, Jacobus Van Eps, Abraham Truax, Myndert Van Gysling, Tunis Potman, Helmes Veader, Freeman Schermerhorn, John S. Vrooman, Daniel De Graaf, William Teller, Jacobus Teller, Jacob Schermerhorn, Nicholas Velin, Simon Vedder, John Schermerhorn, John Cuyler Jr., Abraham C. Cuyler, Jacob Cuyler and Barent Ten Eyck, the major part of the Pro- prietors of the township of Schenectady.
" Most humbly Showeth
That the honorable Thomas Dungan late lieutenant Governor of this Province of New York, in the year of our Lord one thousand six hundred and eighty-four, did grant a Patent to William Teller, Ryer Schermerhorn, Sware Teunise, John Baptist Van Eps and Myndert Wemple for the town- ship of Schenectady in trust for themselves and for the rest of the free- holders of the inhabitants of Schenectady ;- that Sware Teunise, John Baptist Van Eps and Myndert Wemple were killed by the Indians in the year of our Lord one thousand six hundred and ninety, and that the said William Teller died in the year of our Lord one thousand Six hundred and ninety-nine ;- that in the year of our Lord one thousand and Seven hundred and fourteen, the said Ryer Schermerhorn the Patentee took John Wemple, Johannis Teller, arent Bradt and Barent Wemple to assistance as trustees, and that after the decease of the said Ryer Schermerhorn, the
46
History of the Schenectady Patent.
said Johannis Teller, Barent Wemple, Arent Brat and John Wemple have disposed of great part of the said township and granted considerable tracts thereof to each other and their relations without the advice, consent or ap- probation of any of the other Proprietors, or ever accounting for any part of the monies, which arose therefrom and at the same time refused to grant or give any part of the said lands to the other Proprietors,-
that Ryer
Schermerhorn your Petitioner in the year of our Lord one thousand seven hundred and fifty-four did request Arent Brat (then surviving trustee) to grant him such part of the said township which he claimed as heir at law to his grandfather Ryer Schermerhorn the Patentee and such other part or shares as he had purchased from other Proprietors, but that the said Arent Bradt refused to give or grant him any Part thereof: Whereupon your said Petitioner Ryer Schermerhorn in the year of our Lord one thousand seven hundred and fifty-five did commence a suit in Chancery against the said Arent Bradt in order to recover his just portion in the said township ;- and in the year of our Lord one thousand seven hundred and sixty-seven more than one-half of all the Proprietors of the said township joined the said Ryer Schermerhorn in carrying on the said suit in Chancery, which has been attended with such great expense (and having no prospect of its decision), that many of your Petitioners are already reduced to great Ex- tremity for want of means wherewith to sustain themselves and families in the said town of Schenectady, Whereas if they could get their just Portions ascertained and have the possession thereof, your Petitioners might get an honest Livelyhood by clearing and cultivating the same ;- and that your Petitioners know of no other ways to acquire their shares of the said town- ship except an Act of your Excellency the honorable Council and General Assembly be passed for that purpose, since the said Arent Bratt has ap- pointed twenty-three persons of the best circumstances in the said township (tho' half of them are no Proprietors) to act as trustees after his decease, to whom the said Arent Bradt has made over the remainder of all the said lands, Also all the Bonds, Notes and Money, which had arisen from the said township and gave directions to the said trustees to lay it out in de- fending the before mentioned Chancery suit, which your Petitioners have the misfortune to find the last mentioned trustees are determined to comply with and to use every other means in their power to keep your suffering petitioners out of their property .-
" And the honorable House of Representatives at their last session (upon the Prayer of your Petitioners that a bill might be passed to appoint Com- missioners to settle the controversy) did resolve that the prayer of your Petitioners should be postponed till the next sessions and recommended both parties to come to an amicable settlement during the recess thereof and that on failure of a Settlement, both Parties Should attend within ten days after the next meeting of the honorable house after the first day of
47
Introduction.
May then next that the house might proceed thereon ;- And your Peti- tioners during the Recess of the honorable House of Representatives have been very anxious on their part to come to an amicable determination with the Partys in opposition of this tedious dispute, but all their endeavours have proved unsuccessful, tho' your petitioners were resolved to take up with any reasonable Proposals to end so expensive a contention.
" Your Petitioners therefore most humbly pray that if in case the honorable house of Representatives should bring in any bill relative to the Premises that your Excellency will be pleased to assent to the same and your Peti- tioners as in duty bound shall ever pray.
Schenectady
fourth day of January, 1774.
RYER SCHERMERHORN, P. BENTHUYSEN, JOHN GLEN."
" Petition of the trustees of Schenectady in opposition to the foregoing petition of Ryer Schermerhorn and others.
To the Honble Representatives of the Colony of New York in General assembly convened.
The Petition of the Subscribers, Trustees of the Township of Skinnectady in behalf of themselves and the other Inhabitants of the said Township.
" Humbly Sheweth
That your Petitioners have been served with a copy of a petition signed by Ryer Schermerhorn, Johannes Glen Jr, and Peter Van Benthuysen in behalf of them selves and other persons therein named presented to the Honble House [Jan. 4 1774] setting forth that a grant was obtained by Wm Teller, Ryer Schermerhorn, Sware Teunise, John Baptist Van Eps and myndert Wemple, from Gov" Dongan Dated in they year 1684, for the Township of Schinectady, in trust for the rest of the freeholders of the In- habitants of Schinectady, which fact your petitioners do not deny but do say in answer thereto that the said Trustees Nominated in the said Grant did dispose of the town lands by their deeds as Trustees at a low rent re- served to the use of the said town : - that Ryer Schermerhorne in the said grant named was Grandfather to Ryer Schermerhorn the petitioner and that he was the only surviving trustee for fourteen or fifteen years, during all which time he Granted to the Inhabitants by his deeds such tracts of Lands within the said town as they applyed for,- that Ryer Schermerhorne one of the subscribing petitioners now holds lands to very considerable value in Virtue of such deeds from the Trustees ;- that John Glen Jr another of the subscribing Petitioners has lately sold lands held by such Deeds to the value of at least one thousand pounds :- that the greatest part of the persons
48
History of the Schenectady Patent.
named in the said Petition in Whose behalf the said Petition is Presented have not any right Whatever to any of the unappropriated town's lands as descendants from the original freeholders or by other ways or means whatso- ever :- that the disposal of the town lands has uninterruptedly from the date of the Patent from Governor Dongan in 1684 to this day been in the Trustees only, which right has been always exercised and acknowledged by the town untill the year 1755, when Ryer Schermerhorne one of the said Petitioners commenced a suit in Chancery against Arent Bradt at the time the only surviving Trustee ;- that the Chancellor at the Instance of the said Ryer Schermerhorne Issued an Injunction, prohibiting the said Arent Bradt from granting any of the town lands untill the determination of the said suit, notwithstanding which the said Ryer Schermerhorne and the said John Glen Jr have taken in and inclosed large tracts of the said town lands and now have the same in possession ;- that your petitioners are very anxious to have the suit now depending in Chancery determined with all possible speed and that your Petitioners are informed by their Councill that the delay is owing to the said Ryer Schermerhorne and not to them ;- that your Peti- tioners Verily believe the application to this House row made by the said Ryer Schermerhorne and his adherents proceeds from a consciousness that the suit in Chancery will be Determined against them ;- that the great Grievance complained of by the said Petitioners that they are prevented from cultivating the Common lands is Intirely occasioned by the Injunction procured by the said Ryer Schermerhorne and his adherents as aforesaid ;- that if the Injunction is taken off your Petitioners will proceed to grant the town lands as has always been accustomed and to the contrary of which not a single Instance can be produced from the beginning of time to this day.
Your Petitioners therefore humbly pray the Honble House not to stop the ordinary course of the law, but to leave the suit commenced by the said Schermerhorne to the determination of the Court where he thought proper to commence it and that the Honble House will dismiss the Petition of the said Ryer Schermerhorne and his adherents, and your Petitioners as in duty bound shall ever pray."*
At or about the time of the foregoing petition in 1774, the following- " Case between the Trustees of the town of Schenectady and Ryer Schermerhorn" was laid before the Colonial Legislature.
" The settlement of the town of Schenectady was begun about the year 1658 [1662], while this province was under the government of the States- General. The original settlers intending to frame a regular township, made a purchase of lands for that purpose from the native Indians, and laid out a town plat, and divided it into lots of about 200 ft. square Amsterdam wood
* Toll Papers.
49
Introduction.
measure, and to each lot in the town plat was annexed one lot or farm of about 24 or 25 morgens, each morgen containing about 2 acres, another lot for a garden, about 1 acre, and a third lot for pasture of about 5 acres.
" After this division, they procured patents, or ground briefs for their respective lots.
" Soon after the first settlement of the said town, the inhabitants and free- holders, for maintaining good order and advancing their settlement, began the election of five Trustees then called Commissaries. These Commis- sionaries took cognizance of Small Causes arising within the limits of the town.
" They also purchased lands for the use of the freeholders and inhabitants of the town, and part of their business and powers was to sell and dispose of the common lands belonging to the town, which they did, as well to strangers as to the original Settlers, Their acts were deemed by the in- habitants to be legal and binding, and their Sales of the Common land valid.
" Upon the Surrender of this Province to the Crown of England, the in- habitants of Schenectady procured from the Duke's Governors confirmations for the lands they then held in Severalty; but they still continued the custom of annually choosing Commissaries, who exercised the like powers as the Commissaries had done in the Dutch time, until the 1st of November, 1684, when Governor Dongan, by patent under the great seal of this pro- vince granted to William Teller, Ryer Schermerhorn, Sweer Teunise, Jan Van Epps, and Myndert Wemp, a tract of lands including not only all the lands the inhabitants of Schenectady held in severalty but also a large ad- ditional tract before purchased of the Indians for the use of the town, to hold the same to 'the said William Teller, Ryer Schermerhorn, Sweer Teunise, Jan Van Epps, and Myndert Wemp, on the behalf of the inhabi- tants of the town of Schenectady, and their associates, their heirs, suc- cessors and assigns, unto the proper use and behoof of the said William Teller, Ryer Schermerhorn, Sweer Teunise, Jan Van Epps and Myndert Wemp, their heirs, successors and assigns forever.'
" The Inhabitants of Schenectady, at the date of this Patent consisted of upwards of fifty persons, and the patent was procured not only to obtain a confirmation of the lands they then held by particular patents, but also a continuation of the powers of their Commissaries, as the same had been before used.
" Why the town was not properly incorporated is unknown, but the in- habitants antiently conceived that the true intent and design of this patent, was to enable the grantees or trustees therein named to sell their Common lands in the manner, which had been before used by the Commissaries, either to the freeholders and inhabitants of the town, or to such Strangers as might be inclined to purchase and Settle among them; and accordingly, soon after the Date of the patent, the trustees proceeded to grant parcels 7
ISLATI
50
History of the Schenectady Patent.
of the land included in the said patent to such persons as were willing to take the same, reserving a rent for the use of the town, as the Commissaries had usually done, and continued to do so till the year 1690, when the town was sacked and burned, in a memorable irruption of the French and their Indian allies.
" The destruction of the town and the massacre of many of the inhabitants having discouraged any new Settlements in that exposed frontier, no sales of the common lands were afterwards made till the peace of Ryswick in 1697; when such of the trustees as were living again proceeded to grant the common lands in the said township, in the manner as they did before.
" In 1702 Ryer Schermerhorn the Petitioner's grandfather, became the sole surviving trustee, and continued so till the year 1714, during which time, he as surviving trustee, made conveyances of parcels of the said common lands, as well to strangers as to such as were descended from those settled in the township at the time Dongan's patent was obtained.
"Ryer Schermerhorn by indenture of lease and release bearing date the 22d and 23d of October, 1714, reciting the death of his fellow trustees, and that the estate, right, and title of, in and to all the land included in Dongan's patent, and not disposed of by the trustees, was solely vested in him in fee simple by survivorship; and that he growing antient was desirous that the premises should be conveyed to others with himself and their heirs and assigns, that the intent of the patent might be duly ob- served, did thereby grant and convey the said premises to William Apple, his heirs and assigns, in trust to convey the same to the said Ryer Scher- merhorn, Jan Wemp, Johannes Teller, Arent Bradt and Barent Wemp in fee, to the intent the same might be held and enjoyed according to the true intent and meaning of Dongan's patent.
" William Apple by indentures of lease and release bearing date the 25th and 26th of October 1714, in pursuance of said trust, granted and con- veyed the premises aforesaid to the said Ryer Schermerhorn, Jan Wemp, Johannes Teller, Arent Bradt and Barent Wemp in fee.
"King George the First, by his letters patent under the great seal of this province, bearing date the 6th day of November in the first year of his reign [1714] granted and confirmed the premises aforesaid to the said Ryer Schermerhorn, Jan Wemp, Johannes Teller, Arent Bradt and Barent Wemp, their heirs and assigns forever to hold to them, 'their heirs and assigns forever, in trust, nevertheless, to and for the only use, benefit and behoof of themselves and the other inhabitants and freeholders of the said town of Schenectady their heirs and assigns forever.'
" After obtaining the second letters patent the trustees named therein pro- ceeded in granting the common lands in the same manner as their prede- cessors had done until the year 1755. So that the greatest part of the estates in the township of Schenectady now depend upon the conveyances from the trustees.
51
Introduction.
" None of the inhabitants of Schenectady ever, till lately, pretended to have any estate in the common lands belonging to the town, nor are there any instances, unless of a very late date, of any of them, except the trustees conveying or devising any of the said common lands, or any interest therein.
" But supposing the trustees held the individual land for the common benefit of the town and the inhabitants, as well strangers as the original settlers, their descendants have from the first settlement of the town to the present day, indiscriminately claimed and enjoyed the privilege of cutting their necessary timber and firewood on the said common lands, a privilege without which many families in the said town would be reduced to great extremities.
" About the [year] 1750, Jan Schermerhorn, the petitioner's father, first set up the pretence that all those who were inhabitants and freeholders of Schen- ectady at the date of Dongan's Patent, were equally entitled to all the com- mon lands, included therein as tenants in common fee. And in 1754, the petitioner after his father's death, upon the same pretence, purchased of the heirs of three of the original settlers, their right in the common lands belonging to the. town ; but from the trifling consideration he paid, there is reason to believe the grantors themselves did not suppose they were en- titled to the rights they pretended to sell ; for two of them sold for six pounds each of the third for ten, and the lands claimed by the petitioner in virtue of each of these conveyances were then worth at least fifteen hundred pounds.
"In 1755, Ryer Schermerhorn, the petitioner, pretending that there were but twenty-five freeholders and inhabitants in Schenectady at the date of Dongan's Patent ; and that they were equally entitled to the undivided lands as tenants in common, and claiming one share as heir to his grand- father, the three shares he had purchased as aforesaid, and one-sixth of a share by the will of Catalyntie Andriese De Vos, filed a bill in Chancery against Arent Bradt, then the surviving trustee, and several others, to com- pel an acknowledgment of his claim, and a conveyance from Bradt of the lands he claimed, and obtained an injunction, which prevented Bradt from making any more sales of the common lands. The defendants answered the bill, but no further proceedings were had in that cause.
" On the 11th of March, 1765, Arent Bradt made his will, and devised the premises in question to twenty-three trustees in fee ; to hold to them and their heirs and assigns forever in trust to and for the only use, benefit and behoof of themselves and the other freeholders and inhabitants of the said township of Schenectady, their heirs and assigns forever.
"In 1767, soon after the death of Arent Bradt, the said Ryer Schermerhorn filed a bill in Chancery against all the trustees named in his will and a great number of other persons. This bill admits there were twenty-seven free- holders and inhabitants in Schenectady at the date of Dongan's patent and
52
History of the Schenectady Patent.
prays a partition among those entitled under them. All the trustees except three and some of the other defendants filed their answer in April, 1768. Since which no further proceedings have been had in that cause.
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