History of Chautauqua County, New York : from its first settlement to the present time : with numerous biographical and family sketches, Part 14

Author: Young, Andrew W. (Andrew White), 1802-1877; Museum of the American Indian, Heye Foundation. fmo; Huntington Free Library. fmo
Publication date: 1875
Publisher: Buffalo, N.Y. : Printing House of Matthews & Warren
Number of Pages: 948

USA > New York > Chautauqua County > History of Chautauqua County, New York : from its first settlement to the present time : with numerous biographical and family sketches > Part 14

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

And it is said that the proceedings were so judiciously managed by Mr. Ellicott, that partiality was in no case charged against the agent or his assistants.

ORGANIZATION OF CHAUTAUQUA COUNTY.

A BRIEF sketch of the division of this state into counties, of their organi- zation, and of changes in their boundaries, prior to the formation of Chau- tauqua county, will not be deemed incompatible with the character and design of this work. From the introduction to a history of Oneida County, N. Y., a valuable and reliable work, written by Judge Pomeroy Jones, of that county, and published many years ago, the following is an extract :

" The Dutch originally settled and governed the territory within the limits of the state of New York, and by them it was called New Netherlands. As late as 1683, that portion of it lying west of Fort Orange, [Albany,} was termed by the Dutch chroniclers "Terra Incognito,' or Unknown Land. In 1683, the colony having passed into the hands of the English, it was divided into twelve counties, viz. : New York, Albany, Dutchess, Kings, Queens, Orange, Ulster, Richmond, Suffolk, Westchester, Dukes, and Cornwall. Albany county then included Albany and all west of it. In 1768 and 1770, the counties of Cumberland and Gloucester were added. Of the original counties, Dukes and Cornwall, after a bitter controversy, were suspended to Massachusetts in 1693 ; and a part of Gloucester and Cumberland was, after a quarrel, ceded to New Hampshire, and now forms a part of Vermont ; and and the portion of the two counties retained was formed into a county called Charlotte, now Washington county. In 1772, the county of Tryon was formed from Albany county, lying westwardly of a line running nearly north and south through the present county of Schoharie. The name of Tryon having become highly obnoxious from the active hostility and acts of wanton cruelty of the Colonial Governor Tryon towards the Americans during the Revolution, the legislature, in 1784, changed the name to Montgomery, in honor of the general of that name who had fallen at Quebec."

Montgomery county was divided into five districts. German Flats, one of the districts, included the present town of Herkimer and all the territory west of it in this state, and was an entire wilderness, with the exception of forts and Indian trading points and a few Dutch settlers along the Mohawk river. In 1786, the entire county of Montgomery, embracing over one-half of the state of New York, contained but 15,050 inhabitants, about one-fourth of the number now in Chautauqua county. In 1788, the town of Whites Town, [thus written,] was erected from German Flats, and named in honor

IIO

HISTORY OF CHAUTAUQUA COUNTY.

of Judge Hugh White, who had recently emigrated from Middletown, Ct., to the present site of the village of Whitesboro', then including the present city of Utica, and all of the state west of it, and probably did not contain over 200 inhabitants. The late Judge Jonas Platt, of the supreme court, was an early supervisor of the town.

On the 27th of January, 1788, the county of Ontario was erected from Montgomery, and the preamble of the act read as follows : "Whereas the county of Montgomery is so extensive as to be inconvenient to those who now or may hereafter settle in the western part of the county, therefore," etc. The county of Ontario included all of the state west of a line drawn due north from the 82d mile stone on the line between the states of New York and Pennsylvania, through Seneca lake, to Lake Ontario. By the last cited act, all of the state west of the Genesee river was erected into the town of Northampton. The counties of Herkimer, Otsego, and Tioga, were erected from Montgomery in 1801.

On the 30th of March, 1802, the county of Genesee was formed from the county of Ontario, and bounded on the east by the Genesee river and the county of Steuben. Or, according to another description, it comprised all that part of the state lying west of the Genesee river and a line extending due south from the point of the junction of that river and the Canescraga creek, to the south line of the state.

Genesee county was divided into four towns: Northampton, Southampton, Leicester, and Batavia. The first three embraced all the territory within the county lying east of the Holland Purchase, and Batavia the whole of the Purchase. Northampton adjoined Lake Ontario; Southampton adjoined Northampton on the south, and Leicester embraced all the territory south of Southampton to the Pennsylvania line. The first board of supervisors of Genesee county was composed of Simon King, representing Northampton ; Christopher Laybourn, Southampton ; John H. Jones, Leicester; and Peter Vandeventer, the town of Batavia. The first town meeting in Batavia, of which the present county of Chautauqua formed a part, was held at Van- deventer's inn, within the limits of the present town of Clarence, Erie county.

The town of Chautauqua, formed from Batavia, April 11, 1804, embraced the present county, excepting only the 10th range of townships, which was annexed to Chautauqua in the formation of the county. At the same time [1804] there were formed from Batavia the towns of Willink and Erie, the latter, now called Newstead, comprising, it is believed, but a single town- ship; the two comprising all the territory lying within the present counties of Niagara and Erie.

Allegany county was taken from Genesee in 1806; Cattaraugus, Chautau- qua, and Niagara, in 1808 ; [the present county of Erie being then included in Niagara ;] parts of Livingston and Monroe, in 1821 ; a part of Orleans, in 1824; and Wyoming, in 1841. The town of Batavia, formed in 1802, has alone become the mother of four whole counties, [Chautauqua, Cattaraugus,

III

ORGANIZATION OF CHAUTAUQUA COUNTY.

Niagara, and Erie,] one-half of Allegany, and the greater parts of Orleans and Wyoming.

In 1805 or 1806, the subject of erecting two or more counties from Gene- see and Ontario, along the Genesee valley, was agitated by settlers along the river. Judge Foote furnishes some interesting facts relating to the division of Genesee county, which were published in the Jamestown Journal, of October 7, 1859. He says :

" I have understood that the Hon. Philip Church, now of Allegany county, the Messrs. Wadsworth, of Geneseo, and Messrs. Warner and Hosmer, of Avon, who were prominent and honored citizens, and men of wealth, and landholders, formed the plan of the formation of two or more counties from Ontario and Genesee, in 1806, while Joseph Ellicott, the agent of the Hol- land Company, strongly opposed the project. Allegany was set off from Genesee in 1806. But the original question was still unsettled. To many of the inhabitants of Allegany, its boundaries were not satisfactory ; and several petitions were presented to the legislature in 1807, in favor of differ- ent localities for the public buildings in that county; but nothing definite was done by the legislature until the presentation of petitions in February and March, 1808, which resulted in laws annexing the west part of Steuben to Allegany, and the west part of Allegany to Genesee, [to form the east part of Cattaraugus,] and fixing the county site of Allegany to Angelica. Genesee county was divided into four counties, Genesee, Cattaraugus, Chautauqua, and Niagara, the last named then including the present county of Erie.

"One fact appears singular ; in none of the petitions signed by residents of the present county of Chautauqua, was that name for the county solicited; but it was proposed only by the five landholders, none of them residing in or having any interest in the county. The name was most appropriate, and I apprehend the people were well satisfied with it. Chautauqua and Cattarau- gus remain as established over half a century ago; Allegany nearly as then ; Niagara, until 1821, when it was divided and Erie county erected; Genesee, until 1821, when Monroe and Livingston were erected from Genesee and Ontario."

In 1806, a petition was presented to the legislature for the division of Genesee into four counties, by the names of Allegany, Cattaraugus, Niagara, and Genesee; Niagara and Cattaraugus to be organized by the name of Niagara in one year from the passing of the act ; and Joseph Ellicott, Eras- tus Granger, and Jonas Williams, to be appointed commissioners to erect a court-house and jail in said county. . The petition also asked that the organi- zation of Allegany and Cattaraugus might be suspended until they should contain a suitable number of inhabitants. The petitioners further prayed that the court-house and jail for Niagara should be erected on the eastern- most public square in the village of New Amsterdam, or Buffalo; and that James W. Stevens, Philip Church, and William Rumsey be appointed com- missioners to fix upon a site for a county town in Allegany; and that Joseph Ellicott, Erastus Granger, and Alexander Reed fix upon a county site for Cattaraugus. The petitioners also remonstrated against the granting of a petition, then in contemplation, for erecting a new county out of the western part of Ontario and the eastern part of Genesee.

II2

HISTORY OF CHAUTAUQUA COUNTY.

The question naturally arises, why should the formation of so many new counties be asked for while their population was insufficient for an immediate organization? The reasons assigned in the petition are, that there is much contention among the inhabitants on the subject of dividing counties, and that future divisions, when the population becomes considerable, may prove a source of difficulty to the legislature, and "promote dissensions among those who may be interested in the establishment of the limits of counties;" and "that in the present state of population of the county of Genesee, the bounds of future counties may be so judiciously established and limited in extent as to obviate the propriety of any future divisions;" and "that the longer the divisions are delayed, the more these difficulties will increase, and by a variety of contending interests the more injudiciously will the new counties be divided."

There are said to have been about 750 signers to this petition, among whom were the following :

Benj. Ellicott, Andrew A. Ellicott, James W. Stevens, Joseph Ellicott, Daniel B. Brown, Reuben Town, Asa McCracken, Trumbull Cary, David E. Evans, Abraham Dull, William Peacock, Josiah Babcock, Richard Smith, David McCracken, Seth Cole, John D. Weed, Elias Scofield, Filer Sacket, David Eaton, Louis Lacouteulx, Richard Stiles, Nathan Cary, Benj. Hutchins, Alanson Weed, William Bennett, Harry Ingerson, Joseph E. Dart, James Prendergast.

There was no date to this petition, but it was probably presented to the legislature of 1806, that being the year in which the county of Allegany was set off. Those whose names are in italics, were then residents of the present county of Chautauqua.

March 2, 1808, was presented to the legislature "the petition of the sub- scribers and landholders of the counties of Genesee and Allegany." They ask for a division of the part of Genesee county lying between Allegany county and the western boundary of the state of New York, into two coun- ties, by the names of Chautauqua and Cattaraugus ; and for authorizing the governor to appoint commissioners to fix sites for the public buildings of these two counties ; and for organizing the counties of Niagara, Chautauqua, and Cattaraugus, together by the name of Niagara, and suspending the organization of Chautauqua and Cattaraugus until they should contain such number of inhabitants as should be deemed expedient. This, too, was without date; but was presented, as stated above, March 2, 1808, signed by the five following named persons : Mather Warner, George Hosmer, Jabez Wilbur, James Wadsworth, Philip Church.

Of these gentlemen, Messrs. Warner, Wadsworth and Hosmer, resided in Ontario county, and Mr. Church in Allegany.

The reasons assigned for this division are in part the same as those offered in the former petition-to prevent contention and strife among future inhab- itants as to the proper division of the territory. They also prayed for the annexation of the three western ranges of townships of Allegany to the

II3

ORGANIZATION OF CHAUTAUQUA COUNTY.

territory designed to form the counties of Chautauqua and Cattaraugus ; giv- ing as a reason for this annexation, that, without this additional territory, there would not be sufficient for two counties. [It has been suspected that the chief object of changing the boundaries of Allegany was to secure the establishment of the county seat at Angelica.]

Another petition, presumed also to have been presented in 1808, from inhabitants of the counties of Steuben, Genesee and Allegany, prayed for the annexation of the western range of Steuben county to Allegany, and the 3d, 4th and 5th ranges of the Holland Purchase to Genesee, and for dividing Genesee into four counties : Cattaraugus, extending from Allegany county to the meridian line between the 9th and 10th ranges of townships of the Hol- land Land Company's survey ; Chautauqua, with its present bounds ; Niag- ara, including the present counties of Niagara and Erie ; and all the remain- ing part of Genesee to constitute the fourth county, retaining the original name of Genesee. The petition also prays for the establishment of the county seat of Allegany at Angelica; that of Chautauqua at Mayville ; and that of Niagara at New Amsterdam, commonly called Buffalo ; and further, that the contemplated county of Cattaraugus be continued organized with - Allegany " as far as it respects taxation, courts of justice, voting for governor, members of the legislature and of congress," until the three counties of Niagara, Chautauqua and Cattaraugus, should be organized together as one county by the name of Niagara. Signed by Asa Ransom, Trumbull Cary, Peter Powers, Thomas Prendergast, Jonas Williams, William Peacock, Richard Smith, Asa Spear, Henry Wilson, E. Cary, Emory Blodgett, Andrew A. Ellicott, Benj, Ellicott, Joseph Ellicott, John Mack, David E. Evans, James W. Stevens, and others-in all, 56 names.

The act of 1808 provided that Cattaraugus and Chautauqua should act in conjunction with Niagara until they should respectively contain 500 taxable inhabitants. It having been ascertained from the assessment rolls of 1810, at the meeting of the board of supervisors, that Chautauqua county contained 500 voters for members of assembly, the county was fully organized in 1811, by the appointment of county officers on the 9th day of February, 1811, by the council of appointment, consisting of the governor and four senators, one from each of the four senate districts into which the state was then divided. This council had the power of appointing all county officers, including justices of the peace. The governor was then Daniel D. Tomp- kins, and the four senators were Benjamin Coe, James W. Wilkin, John McLean, Philetus Swift.

First Judge-Zattu Cushing. Associate Judges-Matthew Prendergast, Philo Orton, Jonathan Thompson, William Alexander.

Assistant Justices-Henry Abell, William Gould, John Dexter, Abiram Orton.

Justices of the Peace-Jeremiah Potter, John Silsbee, Abijah Bennett, Asa Spear, Justus Hinman, Benjamin Barrett, Daniel Pratt, Selah Pickett.

Clerk-John E. Marshall. Sheriff David Eason. Surrogate-Squire White. Coroners-Daniel G. Gould, Philo Hopson.

114

HISTORY OF CHAUTAUQUA COUNTY.

The act of 1808 erecting the counties of Chautauqua and Cattaraugus, required the governor to appoint three commissioners to fix on county sites in these counties, and file their decision in the clerk's office of Niagara county, then at Buffalo. Deeds of land also were to be recorded there until after the complete organization of this county, which took place in 1811. The commissioners appointed to locate the county sites, were Isaac Suther- land, Jonas Williams, and Asa Ransom. The act also required the super- visors of each county to raise the sum of one thousand five hundred dollars for erecting and completing a court-house and jail. A contract was accord- ingly made with Winsor Brigham to build a court-house and jail of wood. And the house of John Scott, in the village of Mayville, was designated as the place for holding courts until the court-house should be completed.

The first court-house in the county was a two-story frame building, built between 1811 and 1815, the war having retarded its completion. The June term of the court in 1814 was held in the unfinished building, but not the fall and winter terms. In 1815 the building was finished and occupied. The lower story contained three prison cells-two for criminals and one for debtors. In front of these, and divided from them by a narrow hall, was the dwelling part for the jailor and his family. The upper story was for court and jury rooms, etc.

In 1832, the prison rooms being deemed too contracted, and having become dilapidated and unsafe for the detention of prisoners, the legislature required the supervisors to provide for the erection of a new jail. They had been authorized the preceding year to do so; but, notwithstanding it had been presented by the grand jury as a nuisance, they refused to provide for building another. Hence the necessity, next year, of a law requiring them to do so ; and even then the appropriation was made by a majority of two only. The sum first appropriated by the law of 1832, was $3,500, in three annual installments, the last of which would become due in 1834, when the supervisors were required to raise $1,500 more for its completion.

In 1834, on the petition of many citizens, an act was passed directing the building of a new court-house. It is not strange that county buildings costing but $1,500, were, after a lapse of more than twenty years, insufficient for the various county purposes. The commissioners appointed by the act to contract for and superintend the erection of the court-house, were Thomas B. Campbell, Wm. Peacock, and Martin Prendergast. The supervisors were required to assess and collect therefor $5,000 in five annual installments commencing in 1837. This time was fixed in order to allow the jail install- ments to be fully paid before additional taxes were imposed. The money for building was loaned to the county by the state, at 6 per cent. interest, the first installment to be paid the Ist of March, 1838.

The commissioners contracted with Benj. Rathbun, of Buffalo, for erecting the exterior of the building. The work was done the same summer, and was accepted by the commissioners. The plan was submitted to the board of supervisors in 1834, and a committee was appointed, with instructions to

CHAUTAUQUA CO. COURT HOUSE.

115

ORGANIZATION OF CHAUTAUQUA COUNTY.

report to the board at the next meeting. At an adjourned session held the next month, [Dec., 1834,] the committee reported resolutions, declaring that all the money borrowed had been expended on the exterior of the building ; disapproving the acts of the commissioners as tending to burden the county with a heavy expense for a larger and more costly building than was needed, with the purpose of advancing the interests of Mayville at the expense of the county ; and asking the legislature to remove Wm. Peacock and Martin Prendergast, and appoint Elial T. Foote and Leverett Barker as commis- sioners in their stead. The report was accepted.

The action of the next legislature upon the subject was the passage of a law requiring the raising of an additional sum of $4,000 to complete the building, in four annual installments, beginning with the year 1837; and authorizing the comptroller to loan it as before. And instead of removing the two commissioners, Elial T. Foote, of Ellicott, and Leverett Barker, of Pomfret, were appointed additional commissioners. With this appropriation the building was completed, and the five commissioners were discharged.

DIVISIONS OF CHAUTAUQUA COUNTY.

This county, at the time of its formation in 1808, embraced but the single town of Chautuaqua. The town of Pomfret was at the same time formed from the town of Chautauqua, and embraced the two eastern ranges of town- ships, [ro and r1,] and the present towns of Pomfret and Dunkirk. There was no further subdivision until after the complete organization of the county in 18rr.

In 1812, Ellicott was formed from Pomfret, and embraced townships r and 2 in ranges 10 and 11. Gerry was formed from Pomfret, and embraced the present towns of Gerry, Ellington, Cherry Creek, and Charlotte ; and Han- over, embracing the present towns of Hanover, Villenova, and a part of Sheridan.

In 1813, Portland was formed from Chautauqua, and comprised the pres- ent towns of Portland, Westfield, and Ripley.

In 1816, Harmony was formed from Chautauqua, and comprised town- ships I, in ranges 12 and 13, and all of townships 2, in the same ranges, lying south and west of Chautauqua lake.

In 1817, Ripley was formed from Portland, extending from Chautauqua creek to the state line.

In 1821, Clymer was formed, comprising the present towns of Clymer, Sherman, Mina, and French Creek. Stockton was formed from Chautauqua, and comprised township 4, range 12, and a tier of lots from township 4, range 13. Ellery was formed from Chautauqua, comprising township 3, range 12, all of township 2 lying north of the lake, and a few lots on the west from township 3, range 13. In 1850, 12 lots from Ellery were annexed to Stockton.

In 1823, Busti was formed from Ellicott and Harmony, comprising parts of townships I, in ranges 11 and 12. Villenova was taken from Hanover,

116

HISTORY OF CHAUTAUQUA COUNTY.

comprising township 5, range 10, and a part of the present town of Arkwright.

In 1824, Ellington was formed from Gerry, and comprised townships 3 and 4, in range 10; and Mina from Clymer, comprising the present towns of Mina and Sherman.

In 1825, Carroll was formed from Ellicott, and comprised township 1, range 10, and part of township 1, range 11, now Kiantone.

In 1827, Sheridan was formed from Pomfret and Hanover, and comprises township 6 of range 11, except 4 lots in the south-east corner, which remain attached to Hanover.

In 1829, Arkwright was formed from Pomfret and Villenova. A part of Pomfret was annexed in 1830. Charlotte was taken from Gerry, comprising township 4, range 12; Cherry Creek from Ellington; French Creek from Clymer ; and Westfield from Portland and Ripley.

In 1832, Poland was formed from Ellicott, and lies on the east border of the county, and comprises township 2, range ro. Sherman was formed the same year from Mina, township 2, range 14.

In 1853, Kiantone was formed from Carroll.

In 1859, Dunkirk was formed from Pomfret.

EARLY ROADS.

OLD PORTAGE ROAD.

THAT a portage road was constructed between Lake Erie and the head of Chautauqua lake, prior to the settlement of this county, has been generally conceded ; but when or by whom it was opened has, until a comparatively late period, been an unsettled question. The route of this road is described in the following letter from Col. Wm. Bell, of the town of Westfield, to Judge Foote :

" WESTFIELD, March 29, 1871.

" Hon. ELIAL T. FOOTE : In answer to your letter inquiring about the route of the old French road from Lake Erie to Chautauqua lake, I will say, that I came to what is now Westfield, in August, 1802. My father, Arthur Bell, came from Pennsylvania, with a part of the family in 'dug-out canoes,' up the Allegany and Connewango rivers, and the Chautauqua outlet and lake, to the present steamboat landing at Mayville, while I came through the woods from the Allegany river to Erie, and thence to Westfield, with some cattle and horses. And when the family arrived at the head of the lake, I went there to meet them ; and the goods were ' packed' over to the farm that my father had taken up when he was here in the spring, on the 'main road,' about three miles west of Westfield village.

" In 1802, there were the remains of a stone chimney standing near the shore of Lake Erie, a little west of the mouth of Chautauqua creek, that was said to have been built by the French. A road was cut out from that point on Lake Erie, crossing the present Erie road near the old ' McHenry tavern,'

II7

EARLY ROADS.

where the historical monument now stands, and crossing the west branch of Chautauqua creek about 100 rods above where the woolen factory of Lester Stone now stands, and from there to a point near the former residence of Gervis Foot, or late residence of Mrs. Rumsey, and from there to Chautauqua lake, on or near the line of the present traveled road.

" I remember very well, when I was quite a young lad, of driving a team to draw salt over this old French road from Lake Erie to Chautauqua lake ; and from the appearance of the road, it must have been cut out a good many years before I passed over it.

" My father settled on part of lot 3, township 4, range 14, of the Holland Land Company's survey; and after the death of my father, I resided on the same farm till within the last few years.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.