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 7
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" The trustees are willing and desirous of having the cause determined by the court in which the petitioner thought proper to bring it, and they sup- pose he now declines that judicature, from a consciousness that equity is against him ; for as the courts of justice in this province have always shown a great indulgence to the infancy of time, for the preservation of justice and private tranquility, the trustees conceive the petitioner cannot expect to prevail in opposing a usage begun by all their ancestors and invariably continued for nearly a century ; especially as the construction now insisted upon by the petitioner is not only repugnant to the constant sense of the inhabitants and freeholders of Schenectady, but will be necessarily produc- tive of the ruin of the greatest part of the inhabitants and throw the whole township into confusion.
" For the petitioner claims to have the common lands divided into twenty- seven shares, of which he himself claims four and one-sixth, and the inhabit- ants of said township now consists of about four hundred freeholders and a division upon the petitioner's plan must be made only among about twenty persons, and none of the rest of the freeholders or inhabitants will have any shares, although they always considered themselves as equally entitled with the heirs of the original settlers, to the benefit of the common lands in virtue of their purchases, and have in consequence of such presumption been at great expense in building and other improvements." *
When New York at the close of the revolution ceased to be a province of the British empire, many laws and legal customs of the mother country became obsolete ; among which was the law of primogeniture. Up to this time Ryer Schermerhorn and his friends acting under said law, had claimed that the common lands belonged of right to the eldest sons and heirs of the first settlers or to their assigns, only from twenty-five to thirty of whom were then living in the township. But with the change of the laws, the number of the claimants to the common lands was greatly in- creased. It is said that in 1797 there were nearly 500 families in the town- ship, descendants from the first settlers, who claimed in right of law that these lands belonged to them or their assigns and not to those interlopers, who had become citizens long subsequent to their forefathers.
And as a recognition of rights they claimed that these lands should be leased to them on durable leases and at a nominal rent of from 50cts. to $7.50 per 100 acres.
* Schenectady Directory, 1857-8, p. 142.
53
Introduction.
These claims and demands of the " descendants " exasperated the other and later settlers, and led to protests and petitions, to the appointment of committees of conference, to consultations with legal authorities and to various reports and plans of compromise.
One of the most elaborate and well digested plans for the management of the common lands was that of 1793, offered by a committee appointed at a town meeting held Oct. 1, 1792, a "respectable number of the inhabitants being present."
This committee consisted of, John Van Petten, John Glen, Andrew Van Patten, John Sanders, Albert A. Vedder, and Abraham Oothout, and made their report Jan. 28, 1793. Among other things they recommended :
"1. That the inhabitants of the township choose seven freeholders to whom the present trustees of the common lands shall render an account of their acts during their term of office.
"2. That the present trustees shall nominate seven freeholders to whom said trustees shall resign their trust of the common lands, etc.
" 3. That the freeholders of the town shall yearly appoint seven other free- holders to audit the accounts of the seven trustees last above mentioned.
"4. When the trustees last above elected shall be reduced to three, that said remaining trustees shall assign their trust to seven other freeholders nominated by the inhabitants.
"5. That the male inhabitants who have resided in the town before the year 1760 and their descendants of full age, shall be the electors of said new trustees and so on in succession.
"6. That the income of the public property shall be expended as said trustees and ten other freeholders appointed yearly may order.
" 7. That a certain tract of land on the north and south sides of the river and in the westerly bounds of the township shall be set apart for commons. " 8. That the highest price for land shall be forty shillings, and the lowest eight shillings per acre, the highest price for land leases shall be £10, the lowest £4, the hundred acres." Then follow a code of rules and by-laws.
These recommendations were never carried into effect. In 1795, the old Board of Trustees appointed under Arent Bratt's will, had been in power thirty years, many had passed away, the others had become aged, and it seemed proper and desirable that new blood should be infused into this body ; therefore, on the 13th January, 1795, the following persons then seized in fee of the common lands, "as surviving trustees of the town in virtue of the Patent, 1714, and certain mesne conveyances and devises," to wit : Abraham Fonda, Harmanus Bratt, Isaac Vrooman, Nicholas Van Petten, Nicholaas Van der Volgen, Jacobus Myndertse, Samuel Bradt and Abraham Wemple, associated with themselves as trustees, Nicholaas Veeder,
54
History of the Schenectady Patent.
Gerret S. Veeder, Jr., Abraham Oothout, John Sanders and John Glen, by conveying said Patent to Michael Tyms, who reconveyed the same to the above named persons as trustees. And on the 15th day of March, 1796, certain of the above said trustees by reason of age resigned their trust and a new board was appointed in their room ; to accomplish which the trustees then in power conveyed the Patent to Joseph Mynderse and he reconveyed the same to Abraham Wemple, Nicholas Veeder, Gerrit S. Veeder, Jr., John Glen, John Sanders, Abraham Oothout, Abraham Swits, Andries Van Petton, Jellis J. Fonda, Rykert Schermerhorn and Adam S. Vrooman as new trustees, who executed a bond in the penal sum of £5,000 to the retiring trustees for the faithful performance of the duties of their office. These last mentioned trustees held and managed the common lands until 1798, when their powers ceased, being merged by the first charter of the city of Schenectady in the mayor, aldermen and commonalty.
In furtherance of a compromise or settlement of the disputes in relation to the public lands, the inhabitants appointed a committee in 1795 to take legal counsel on the subject. This committee consisted of Andries Van Petten, Jelles Fonda and Maus Schermerhorn, who obtained the following opinion :
" Having considered the several questions stated to us by the Committee appointed by the Inhabitants of the town of Schenectady as to the meas- ures most advisable to be pursued for the settlement of their present controversies and the future regulation and benefit of the concerns of the said Town we are of opinion.
First, that it will be extremely difficult, if not impracticable by any Voluntary arrangement to effect the above purpose ; -
Secondly, That it will be expedient to Solicit the Interposition of the Legislature by Petition for the attainment of the objects which the parties have mutually in view.
Thirdly, That the most advisable mode of prosecuting this. Petition will be for the Persons who were the Inhabitants in 1714 and their Legal Representatives to appoint by Power of attorney a committee consisting of five or six persons, who shall be authorized to confer with a similar committee of the Trustees and jointly with them to form a plan for the future government and management of the affairs of the town, for setting apart ¿ certain proportion of the Lands as commons and for the disposition of the remainder.
PETER VAN SCHAICK, STEPHEN LUSH, ABM. VAN VECHTEN.
ALBANY, August 6, 1795."
55
Introduction.
In accordance with the above opinion, the Board of Trustees recom- mended to the committee of the inhabitants to obtain a "proper power from said Inhabitants to transact the business of the town in a more perfect manner," which being done the trustees appointed out of their number, Abraham Swits, Jellis J. Fonda, Andries Van Petten, Adam S. Vrooman, Rykert Schermerhorn and Maus Schermerhorn, to act in connection with the committee of the inhabitants in " bringing the business of the common lands to a speedy settlement." And on the 10th of August, ( 1795 ), this committee reported to the Trustees that "there was a great prospect of a reconciliation of all disputes subsisting between the Inhabitants and Trustees," and asking for further time .*
The acts and minutes of the Board of Trustees from time to time, show quite clearly that they considered the common lands to belong to the descendants of those who were inhabitants of the township in 1684, the date of the Dongan Patent, or at least in 1714, the date of the confirmation of the same.
The Trustees were all of this character, and a yearly meeting of such descendants was held to appoint a committee of their number to audit the accounts of the Trustees.
The other inhabitants were incensed that they had no voice in the dispo- sal of these lands, and on the 10th April, 1797, sent a petition to the Trustees, that a committee from their number might be heard on this subject. - This was signed by:
"JNO. BPT. WENDELL, JNO. BPT. VAN EPS, ALEXANDER KELLY,
JACOB BEEKMAN, DAVID TOMLINSON, THOMAS V. HORN,
JOSEPH SHURTLIFF, JNO. B. VROOMAN, CHARLES MARTIN." +
On the other hand on the 24th of the same month, a committee of the " Descendants " made and published the following reports:
"The committee of the Descendants or legal Representatives of the Persons who were inhabitants of the Township of Schenectady in the year 1684, being the time when the Patent of said township was granted or the year 1714, when the above Patent was confirmed - Report that they have examined the state of the Business belonging to the Trustees of Schenectady Patent, and find that they have sold 8097 Acres of land, being part of said Patent, engaged 941} acres of land to different persons, and 600 acres of land applied for ;- that it appears from the accounts rendered, that there is
* Minutes of the Board of Trustees. + Min. Bd. Trustees.
56
History of the Schenectady Patent.
the sum of £10,593 for Union College, Market House and other requsites expended and a balance consisting of obligations to the amount of £4,680-6-5 remaining in their hands. The Committee report that in their opinion five trustees, who shall have arrived at the age of twenty-five years, from among the descendants should be elected annually by the male descendants, who are arrived at the age of twenty-one years, on the second Tuesday of June of every year, whose duty it shall be to render and account yearly and every year of their proceedings to their successors in office, or to any of the descendants who shall wish to have access and examine the same; and to have the deposit, care, trust and management of the Patent, lands, Books, Papers, Monies, Accounts, and other things belonging to the Trustees; and that the Trustees when elected, or before they enter on the execution of their office shall severally take and subscribe an oath before some justice of the peace in the town of Schenectady that they will well and faithfully perform the trust reposed in them. * * The committee state, that there are nearly five hundred of the descendants' families residing on said patent and from a calculation about forty thousand acres of land unap- propriated.
Therefore Resolved as the sense of the Committee that it be recommended to the Trustees to lease the lands for a durable term to the descendants or their legal Representatives for a sum not ex- ceeding three pounds nor less than fifty cents annually per hundred acres, regarding to every descendant's family or legal Representative, a proportion agreeable to equity, quality and local circumstances."
·
" Given under our hands the twenty-fourth day of April, 1797.
JOHN YATES, PETER MABEE, LAWRENCE SCHERMERHORN,
ABRAHAM DE GRAFF,
HENRY A. TELLER, JELLES A. FONDA."*
On the 9th Sept., 1797, the board of trustees appointed a committee to consult Abraham Van Vechten, Peter Yates and Joseph C. Yates, in relation to a plan of "settlement with the inhabitants concerning the Common lands."
Finally on March 26, 1798,t an act was passed by the Legislature with the assent and desire, not only of the other inhabitants of the township of Schenectady, but also of the surviving trustees, by which all their powers and duties in relation to the common lands were conferred upon the mayor,
* Minutes Board Trustees. + See the first city charter.
57
Introduction.
aldermen and commonalty of Schenectady. And to adjust all claims against said trustees, the Legislature passed an act the same day appointing a commission consisting of Zephaniah Platt, Peter Cantine and Derick Lane, who finally determined said claims and closed their accounts on the 10th Aug., 1798.
Even after this final transfer of the common lands to the corporation there was a party who doubted its legality, contending for the resumption and management of them by the old trustees, then surviving.
Others while reluctantly acquiescing in the transfer of these lands to the city authorities, objected to their being sold off as fast as the inhabitants demanded, and contended they should be held for the purpose of supplying the citizens with fuel and timber .* Finally in 1810 (?) the election of alder- men turned on this question; the whole city, then bounded by the ancient limits of the Patent was canvassed by active partisans of both parties and after a close and heated contest it was decided that the common lands should be sold.
*[ The following facsimile of permit to cut wood, and citizens affidavit, show how jealously the citizens held to this privilege.
hereby permitted
to cut and carry away, for
from the Common
Lands of the city of Schenectady,
Provided that in all things compl with the Law, " To prevent waste of Timber and Fire-Wood on the Com- mon Lands of the city of Schenectady, and for other purposes, passed December 25th, 1813."- This permit, however, to be in force for eight days only .- Dated day of 181
30
Mayor.
8
58
History of the Schenectady Patent.
DIVISION OF LANDS.
HOW THE LANDS PURCHASED BY VAN CURLER FROM THE MOHAWKS IN 1661, WERE DIVIDED AMONG THE FIRST PROPRIETORS.
Four different allotments were made to each of the first settlers ; first, a house lot in the village ; second, a farm on the Great Flat or islands ; third, a pasture ground east of the village, and fourth, a garden lot in the lowland (laeghte) west of Mill creek and near the Binné kill.
FIRST .- House lots. The village plat originally embracing mainly the land lying west of Ferry street, was divided into four blocks, or squares, which were again subdivided into ample house lots. For protection this plat was early surrounded by stockades. As the population outgrew these narrow limits, house lots were assigned on the " Albany path " [now State street], so that before 1690 it was sparsely built up as far east as Lange gang (Centre street] and until about 1700, only the north side was occupied by houses. Front, Green and Union streets east of Ferry street, used for
I
0000
do swear in presence of Almighty God that I will in all things during the continuance of the permit granted by the Mayor of the city of Schenectady, dated day of to cut comply with the law to prevent waste of timber and fire-wood on the common lands of the city of Sche- nectady, and for other purposes, passed the 25th December, 1813, that the ap- plication which I now make to cut 1
when the same are cut, I intend for my own use, and I will not directly or indirectly suffer the same to be removed without the bounds of the said city, under any pretence whatsoever.
From date it appears that the lands were not disposed of in 1810. M'M.]
"Bouwlands
Schenectady.
Sander's Lake
1664.
Drawn for Maj711ac Murray
Glen
1
Gruen
hoek
Mohawk
3
ThePlot
6
7
10
8
Van
9
9
10
Van Curler
Canal
7
1
OP
en
2
3
1
?
Krujfbeffen Elundt
Slyck's
Island
8
MAP, CONSTRUCTED FROM ACTUAL SURVEY AND THE ANCIENT DEED.
59
Division of Lands.
cow paths to the pastures and woodlands, were not then built upon. The little church and graveyard stood at the junction of State, Church and Water streets and the Dominie's house upon the site of the present church. Many of the original village lots were about 200 feet square - four to a block or square, but were early subdivided to meet the demands for resi- dences within the stockades.
SECOND. The bouwland. The great tract of flat or bottom land bounded northerly by the river and State street, southerly by the sand bluff, easterly by Centre street extended south, and westerly by the hills west of the hills west of the first lock on the canal, embracing several hundred acres of arable land, was anciently called the Groote Vlachte.
It was mainly cleared land when the white man first occupied it in 1662, and had been the Mohawks' maize land perhaps for centuries. This and other parcels of like soil along the Mohawk, formed the main inducement for the Hollanders to settle here; in them they recognized the Polders of fatherland .* The bouwland was originally divided into twenty-three
* [ Smith in his history of New York published in 1756, says, " the lands in the vale of Schenectady are so fertile that they are commonly sold at £45 [$11250] per acre. Though the farmers use no kind of manure, they till the fields every year and they always produce full crops of wheat or peas."
" I went with [Robert] Sanders to one Adam [Vrooman] and to examine the flats which are exceedingly rich land." "This Schoonechtendeel is situated as we have said twenty-four miles west of Fort Albany, toward the country of the Mohawks, upon a good flat, high enough to be free from the overflowing of the water of the river, which sometimes overflow their cultivated lands, which lie much lower. Their cultivated lands are not what they call in that country Valleyen, but large flats between the hills on the margin, or along the side of the rivers, brooks or creeks, very flat and level without a single tree or bush upon them, of a black sandy soil, which is four and sometimes five or six feet deep, but sometimes less, which can hardly be exhausted. They cultivate it year after year without manure for many years.
It yields large crops of wheat but not so good as that raised in the woodland around the city of New York and elsewhere, nor so productively, but it makes white flour. The wheat which comes from this place, the Hysopus [Esopus] and some other places is a little blue." * * * *
" The village proper of Schenectady is a square set off by palisades. There may be about thirty houses, which are situated on the side of Mohawk river."- Dankers & Sluyter's Journal, 168, 301, 315. See Miller's map, 1695, which shows 28 houses. M'M.]
-
60
History of the Schenectady Patent.
separate parcels and assigned to fifteen individuals, no one, with one ex- ception, holding more than fifty acres,-all being served alike, quantity and quality [and convenience] considered.
The farm nearest the village embracing twenty-four acres was Van Velsen's, bounded by State street, Coehorn and Mill creeks as far west as, or near to Church street. This, together with the water privilege was granted in consideration of his building a grist mill on Mill Lane .*
The second parcel consisting of about forty acres of bottom land, anciently called " Gerrit Symonse's meadow," commenced at or near the Coehorn kil at the south bounds of Van Velsen's land and extended southerly to and including " Veeder's Mills." This parcel has been preserved nearly entire and is mostly in the ownership and occupation of the Veeder family at the present time.t
The third the largest and most valuable farm, embracing 114 acres, was Arent Van Curler's, called the first piece of land and after his death, Juffrow's landt.į This was bounded northerly by the Binne kil, easterly by Van Velsen's farm (excepting a few gardens on the south side of Water street), southerly by "Gerrit Symonse's meadow," and by the sand bluff, or hills, as far as the Schermerhorn Mills, and westerly by farms Nos. 1 and 4, owned by Arent Bradt and Pieter Van Woggelum. The New York Central Rail- road runs through the southerly end of this valuable tract, and the canal nearly through the middle of it.§ Van Curler fairly earned this distinction above his partners in this land grant, by reason of his great exertions and influence in procuring the extinguishment of the Indian title in the first place, and by his subsequent labors in acquiring patents for these lands from the Governor and Council.
The fourth large parcel of the bouwland called the second or foremost piece of land to distinguish it from Van Curler's which was called the first piece, lay next west. The east line of this tract ran along the west fence of the Schenectady car works yard, and so northerly to and around the east side of lot No. 1, belonging to Arent Bratt, following the small brook emptying into the Binnè kil, a little east of the farm buildings of the late
* See Van Velsen. + See Gerrit Symonse Veeder.
- # Madam's [Van Curler's] land. § See Van Curler.
61
Division of Lands.
John Myers. The westerly line of this parcel was the Poenties kil and lot No. 10 belonging to Teunis Cornelise Swart. This second piece was divided into ten farms including De Winter's or Elias' Plantasie, by north-east and south-west lines from the river to the sand bluff, and by easterly and westerly lines nearly coinciding with the river road and canal.
The fifth parcel of bouwlands called the hindermost piece of land, com- menced at the Poenties kil and extended west to the hills near the first lock, and was divided into ten farms by north-easterly and south-westerly lines from the river to the hills, and by easterly and westerly lines nearly coin- ciding with the canal and river road.
According to the measurements of that day the entire Bouwland consisted of
acres.
Van Velsen's farm
24
Gerrit Symonse's meadow
40
Van Curler's farm or first piece
114
The second or foremost piece of land, say
245
The hindermost prece, say
261
The gardens along the south side of Water street, say 10
694
It is quite evident that this measurement was much too small. Probably only the good, clear, arable land was taken into account in the above allot- ments, creupelbos and dovegats being excluded. Since that early day these have been cleared and filled, thereby much enlarging the area of arable land.
The second and hindmost great lots of the bouwlands including Elias' Plantasie were subdivided each into ten parcels of about twenty-five acres, numbered from 1 to 10, beginning at the easterly and westerly extrem- ities of these two parcels, and proceeding towards the Poenties Kil, * on the west side of which lay the two farms numbered 10, united into one.
* The Poenties Kil is the brook (dry a large part of the year now), forming the west- ern boundary of the Van Eps farm on the river road, about a mile west of the city. The Kil next east of the Poenties Kil crossed by a stone bridge was anciently called Willem Teller's Killetje, because it formed the eastern boundary of his land. Many years since the Poenties Kil was connected with Willem Teller's Killetje by an artificial canal dug along the foot of the sand hill beginning near Col. Campbell's residence, and both streams now flow to the river in one channel.
62
History of the Schenectady Patent.
So that persons to whom were allotted numbers 1, 2, 3, &c., of the second near the village, drew also numbers 1, 2, 3, &c., of the hindmost parcel at the western extremity of the bouwland, and only one person had all of his land in one place, to wit, Teunis Cornelise Swart, the fortunate holder of the double farm numbered ten. This ingenious plan of allotment was contrived to prevent any one person obtaining an undue advantage over his associates by selecting all his land near the village.
Two other parcels of arable land separated from the Great Flat by the river, were also assigned at an early day, viz., Marten's or Van Slyck's, is- land comprising about 82 acres, patented to Jacques Cornelise Van Slyck and Jan Barentse Wemp : - and the flat lying west and south of the Lake in Scotia, granted to Sander Leendertse Glen, estimated at 50 acres .*
Finally, on the eastern side of the village, between Front street and the river, was a strip of land called the Calver Wey, which was allotted to the first settlers in parcels of 2} morgens, the easternmost lot being that of Jellis Fonda. Adjoining Fonda's lot easterly, was Hans Janse Eenkluy's bouwery of 18 morgens, which, on his death, became the property of the Dutch Church,-a legacy for the benefit of the poor of Schenectady.t
All lands lying outside of the palisades easterly of Ferry street, save the house lots on the north side of State street as far as Centre street, were originally allotted to individuals in parcels of a few acres as woodland or pasture ground.
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