Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 219

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 219

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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 Erfpaght [quit rent].

Jan Landertse, Earequiet [quit rent].

Lewies Viele, his Landt for 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].

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 trans- ports [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.

On the 25th of May, 1714, Schermerhorn ap- peared 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 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; Schermerhorn and his friends instituting counter-suits in the same court.

Of the several suits at law heretofore or subse- quently commenced by the contending parties down to the death, in 1795, of the second Ryer Schermerhorn, grandson of the first, a period of nearly one hunderd years, no one was ever de- termined.

Tired and despairing of relief from litigation, the contestants resorted to negotiation and compro- mise, and failing of this as they always did, they reverted to the Colonial Legislature for redress, but all in vain. The first serious effort at compromise was probably made in 1708, when a futile attempt was made to induce Schermerhorn to transfer his title to the township to the then trustees elected under the charter of 1705.

Failing in this attempt at compromise, the same trustees on June 3, 1709, "in behalf of themselves and other the trustees and inhabitants of Schenec- tady," presented a petition to the Colonial Assem- bly to "bring in a bill confirming unto said in- habitants the Powers, etc., mentioned in Letters Patent granted to said town." On June 4th said bill was presented, on the 7th it was read a second time, referred to a committee with power to send for persons and papers and never more heard of.

The next step in this controversy was a power of attorney executed by the opponents of Schermer- horn and his party, to the then trustees elected under the charter of 1705, to demand of Ryer Schermerhorn, Barent Wemp, Johannes Teller, Johannes Wemp and Arent Bratt the books, deeds, bonds, etc., belonging to the town.

The strife and contention in respect to the man- agement of the " common lands" of the township were put to rest for a time by Schermerhorn, in 1714. By lease and release, dated respectively Oct. 22d and 23d, he conveyed all his right and title to these lands to Willem Appel, innkeeper, of

HISTORY OF THE COUNTY OF SCHENECTADY.

the city of New York. In this conveyance, after reciting the Dongan Patent of 1684, the fact that all the trustees therein named were deceased save Ryer Schermerhorn, "only survivor whereby all the estate, right and title of, in or to all said lands * * not otherwise legally disposed are became solely vested in the said Ryert Schermerhorn in fee simple by right of survivorship, and that said Schermerhorn growing antient is desirous that said

* * lands and premises should be conveyed to others together with himself and their heirs that the intent of the said Letters Patent may be duly observed," said Schermerhorn released and con- firmed to Willem Appel and his heirs, all the aforesaid lands in "Special trust and confidence that he the said Willem Appel or his heirs will upon request to him made by the said Ryert Scher- merhorn his heirs orassigns shall *

*. execute such conveyance and assurance in the law for the vesting of all the hereinbefore mentioned * lands * * and all the right, title and interest thereunto hereby conveyed or mentioned or in- tended to be conveyed to the said Willem Appel, unto the said Ryert Schermerhorn, Jan Wemp, Johannes Teller, Arent Bratt and Barent Wemp * * their heirs and assigns forever, to the in- tent the same may be held and enjoyed according to the true intent and meaning of the said Letters Patent by the said Thomas Dongan."

On the 25th and 26th of October, said Appel by lease and release reconveyed said land to Ryer Schermerhorn and his said four associates for the purposes above mentioned.

And to confirm the above conveyance, the fourth and last patent was granted by Governor Hunter on the 14th November, 1714.

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 be- came obsolete, among which was the law of primo- geniture. 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 claim- ants to the common lands was greatly increased. 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 inter- lopers, 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 50 cents to $7.50 per 100 acres.

These claims and demands of the " descendants" exasperated the other and later settlers, and led to protests and petitions, to the appointment of com- mittees 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 ap- pointed at a town meeting, held October 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 Oothont, and made their report January 28, 1793.

Their recommendations were never carried into effect. In 1795 the old Board of Trustees, ap- pointed 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 com- mon lands, "as surviving trustees of the town in virtue of the Patent, 1714, and certain mesne conveyances and devises," to wit: Abraham Fonda, Harmanns Bratt, Isaac Vrooman, Nicholas Van Petten, Nicholaas Van der Volgen, Jacobus Myn- dertse, Samuel Bradt and Abraham Wemple, asso- ciated with themselves, as trustees, Nicholaas Vee- der, Gerret S. Veeder, Jr., Abraham Oothont, 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 con- veyed the Patent to Joseph Mynderse, and he re- conveyed the same to Abraham Wemple, Nicholaas Veeder, Gerrit S. Veeder, Jr., John Glen, John Sanders, Abraham Oothont, Abraham Swits, An- dries Van Petton, Jellis J. Fonda, Rykert Scher- merhorn 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

INTRODUCTION.

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 in- habitants appointed a committee in 1795 to take legal counsel on the subject. This committee consisted of Andries Van Petten, Jelles Fonda and Maus Schermerhorn.

In accordance with the opinion obtained by the committee, the Board of Trustees recommended 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 man- ner," 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 other inhabitants were incensed that they had no voice in the disposal 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, Jacob Beekman, Joseph Shurtliff, Jno. Bpt. Van Eps, David Tomlinson, Jno. B. Vrooman, Alexander Kelly, Thomas V. Horn, 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 Descendents or legal Representatives of the Persons who were inhabi- tants 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 8,097 Acres of land, being part of said Patent, engaged 9414 acres of land to different persons, and 600 acres of land applied for; that it appears, from the accounts ren- dered, that there is the sum of £10,593 for Union

College, Market House and other requisites ex- pended, and a balance, consisting of obligations to the amount of £4,680-6-5, remaining in their hands. The Committee report that in their opin- ion five trustees, who shall have arrived at the age of twenty-five years, from among the descendants, should be elected annually by the male descend- ants, 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 an 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 Sche- nectady, that they will well and faithfully perform the trust reposed in them. * * * The com- mittee 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 unappropriated.

Therefore, Resolved, as the sense of the Com- mittee * * * that it be recommended to the Trustees to lease the lands * *

* for a dur- able term to the descendants, or their legal Repre- sentatives, for a sum not exceeding 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 September, 1797, the Board of Trustees appointed a committee to consult Abra- ham 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, 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, Aldermen and Commonalty of Schenectady. And to adjust all claims against said trustees, the Legis- lature 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 August, 1798.

HISTORY OF THE COUNTY OF SCHENECTADY.

Even after this final transfer of the common lands to the corporation, there was a party who doubted its legality, contending for the resump- tion and management of them by the old trustees, then surviving.

Others, while reluctantly acquiescing in the transfer of these lands to the city authorities, ob- jected to their being sold off as fast as the inhab-

itants demanded, and contended they should be held for the purpose of supplying the citizens with fuel and timber. Finally, in 1810 (?), the elec- tion of aldermen 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.

"Bouwlands of

Schenectadia

7664.

Sanders Lake

Drawn for

Glen

MajMac Murray

Boek

Krujfbeffen Elandr

ThePlot

Island

Van Curler

Ere Canal

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 low land (laeghte), west of Mill Creek and near the Binne kil.

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 nar-

row limits, house lots were assigned on the " Al- bany path " (now State street), so that, before 1690, it was sparsely built up as far east as Lange gang (Center street), and until about 1700 only the north side was occupied by houses. Front, Green and Union streets, east of Ferry street, used for 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 de- mands for residences 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

Van Slyck's

DIVISION OF LANDS.

by Center street extended south, and westerly by the hills west of the first lock on the canal, em- bracing 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 Mo- hawks' 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 separate parcels and assigned to fifteen individuals, no one, with one exception, holding more than fifty acres.

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.

The third, the largest and most valuable farm, embracing 114 . aeres, was Arent Van Curler's, called the first piece of land, and after his death, Juffrow's landt. This was bounded northerly by the Binne kil, easterly by Van Velsen's farm (ex- cepting 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. I and 4, owned by Arent Bradt and Pieter Van Woggelum. The New York Central Railroad runs through the southern end of this valuable tract, and the canal nearly through the middle of it.

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 Binne kil, a little east of the farm buildings of the late John Myers. The western line of this parcel was the Poenties kil and lot No. 10, belonging to Tunis Cornelise

Swart. This second piece was divided into ten farms, including De Winter's or Elias's Plantasie, by northeast and southwest 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 hinder- most piece of land, commenced at the Poenties Kil and extended west to the hills near the first lock, and was divided into ten farms by northeasterly and southwesterly lines from the river to the hills, and by easterly and westerly lines nearly coinciding with the canal and river road.

The second and hindmost great lots of the bouw- lands, including Elias's Plantasie, were subdivided each into ten parcels of about twenty-five acres, numbered from 1 to 10, beginning at the eastern and western extremities of these two parcels, and proceeding toward the Poenties Kil, on the west side of which lay the two farms numbered ten, united into one. So that persons to whom were alloted 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 advan- tage 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 Slyek's island, com- prising 82 acres, patented to Jaques 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, be- tween 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. Ad- joining 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.

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 Center street, were originally allotted to individuals in parcels of a few acres as woodland or pasture ground.

HISTORY OF THE COUNTY OF SCHENECTADY.

ORIGINAL OWNERS OF THE TWENTY FARMS INTO WHICH THAT PORTION OF THE GREAT FLAT LYING WEST- ERLY OF ARENT VAN CURLER'S BOUWERY WAS DIVIDED.

FARMS NO. 1.

Both farms numbered one were patented to Catelyn De Vos, widow of Arent Bratt, the Norman, June 2, 1682.

15 Aug., 1705. Former deeds being lost in 1690, Ryer Schermerhorn, only surviving trustee, gave a new deed to Arent Bratt, grandson and heir of Arent Andriese Bratt, for the first lot thirty- six acres and aftermost lot thirty acres.

27 Aug., 1713, Ryer Schermerhorn and Dirk Bratt conveyed to Samuel Bratt the hindermost farm No. 1, containing fifteen morgens and 467 rods.

FARMS NO. 2.

Were first owned by Philip Hendrickse Brouwer.

April 29, 1664, his administrators sold them to Cornelis Van Ness for Jan Dirkse Van Eps, son of Maritie Damen, his wife, for the sum of 1, 287 guilders.

Feb. 4, 1714, Johannes Baptist Van Eps, eldest son and heir of Jan Dirkse Van Eps, deceased, conveyed to Arent Bratt the hindmost farm, No. 2, comprising twelve morgens.

FARMS NO. 3.

Were first granted to Sander Leendertse Glen, by Patent of date June 16, 1664.

Johannes Glen, by will, devised the remainder of hindmost farm, 26th September, 1706, to his younger brother Sander, comprising about twenty acres.

On the 4th June, 1711, Claas Van Patten con- veyed to his son, Andries, the foremost lot.

Feb. 24, and Aug. 11, 1714. To rectify a dis- puted line, R. Schermerhorn and Andries Van Pet- ten make a final settlement.

FARMS NO. 4.

Were granted to Pieter Adrianse Soegemakelyk, alias Van Woggelum, June 5, 1667, the first con- taining fourteen morgens, and the second twelve morgens.

Ap. 6, 1681, Van Woggelum reconveyed the same to Reyer Schermerhorn, who had married Otten's widow.

June 29, 1667, Governor Nicolls confirmed to Willem Teller the two farms, No. 5, which were first patented to him by Governor Stuyvesant, June 16, 1664.

Ap. 9, 1752, Willem Teller, son of Johannes, devised the foremost farm on the Poenties Kil to his son Willem, and the second or hindmost farm to his eldest son Johannes.

Gerrit Bancker, of Albany, received the patent for these farms No. 6, June 16, 1664, which patent was confirmed Ap. 27, 1667, by Governor Nicolls.

Although granted to Gerrit Bancker, Harman Albertse Vedder had a half interest in these farms from the beginning.

Evert, son and heir of Gerrit Bancker, sold the foremost lot to Isaac Swits, July 7, 1702, for £183 I2s .;- it contained 22 acres.

Isaac Swits made his will Ap. 1, 1701,-proved Oct. 4, 1707, -and devised a portion of the first farm to his eldest son Cornelis.

The hindmost farm belonging to Harmen Vedder; he conveyed the southeasterly half to his son Albert, Mar. 12, 170g, for the sum of £91 16s. This moiety then contained ten acres.

Pieter Jacobse Bosboom de Steenbakker received a patent of farms No. 7, June 16, 1664, -confirmed May 9, 1668.

In 1702 the foremost lot belonged to Gysbert Gerritse Van Brakel.

Marten Cornelise Van Isselsteyn received a patent for farms No. 8, June 16, 1664, - confirmed by Governor Nicolls, April 13, 1668.

FARMS NO. 9.

Were first conveyed to Simon Volckertse Veeder, de bakker, by patent of date June 16th, 1664, --- confirmed Jan. 15, 1667, by patent from Governor Nicolls.

Veeder made his will Jan. 8, 169§, bequeathing the hindmost farm to his son Volckert.

Volckert Veeder made his will Aug. 4, 1733, and left the hindmost lot to his four sons.

The double bouwery No. 10, was first patented to Teunis Cornelise Swart, June 16, 1664, and con- firmed Jan. 16, 1667.

26th April, 1692. Wouter Uythoff (third husband of Elizabeth), Swart, widow of Teunis, and said Elizabeth his wife, for 540 beavers con- veyed the whole bouwery No. 10, to Claas Lau- rense Van Purmerend (alias Van der Volgen).

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 219

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452