History of Chautauqua County, New York, and its people, Volume I, Part 53

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog]
Publication date: 1921
Publisher: Boston, New York [etc.] American historical society, inc.
Number of Pages: 649

USA > New York > Chautauqua County > History of Chautauqua County, New York, and its people, Volume I > Part 53

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beginning.

Consideration, $15.000. (This tract com- prehends Ranges I, II, and III, as laid down in the map of J. & B. Ellicott's survey of the Holland purchase). "2. The second tract begins on the north line of the State of Pennsylvania, at a point distant 28 miles west from the southwest corner of the land confirmed to Gorham and Phelps, thence running west on the Pennsylvania line 16 miles, thence north to the bound- ary line of the United States, thence easterly along that line to a point whence a meridian line will fall on the point of beginning, and thence south on that meridian to the place of beginning. Consideration, $15,000. (This tract comprehends Ranges IV, V, and Vi. as laid down on Ellicott's map).

"3. The third tract begins on the north line of the State of Pennsylvania, at a point distant 44 miles west from the southwest corner of the land confirmed to Gorham and Phelps, thence running west on the Penn- sylvania line 16 miles, thence north to the boundary line of the United States, thence casterly along that line to a point whence a meridian line will fall on the point of beginning, thence south on that meridian to the place of beginning. Consideration, $15,000. (This tract comprehends Ranges VII and VIII and 263 chains and 76 links, off the easterly side of Range IX. of El- licott's map).

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255

THE HOLLAND LAND PURCHASE

"4. The fourth tract begins on the north line of the state of Pennsylvania, at a point distant 60 miles west from the southwest corner of the land confirmed to Gorham and Phelps, thence running west until it meets the land ceded by Massachusetts to the United States, and by the United States sold to the State of Pennsylvania, thence northerly along the land so ceded, to Lake Erie, thence northeasterly along Lake Erie to a tract of land lying on the easterly of the river or strait of Niagara, belonging to the State of New York; (The western boundary of the cession to Massachusetts, between Lake Ontario and Lake Erie, is a line running parallel with, and always one mile distant from the Niagara river, the intervening strip of land being by the deed of cession, reserved by, and confirmed to New York, which is the land here referred to); thenee northerly along that tract to the boundary line of the United States in Lake Ontario, thence east- erly along that line to a point whence a meridian line will fall on the point of beginning; thence south on that meridian to the place of beginning. Considera- tion, $10,000. (This tract comprehends the remaining Westerly part of Range IX. and the whole of Ranges X, XI, XII. XIII, XIV and XV of Ellicott's map).

"The undivided one sixtieth part of the above described tracts reserved by each of the four deeds of conveyance (described above as a contract made by Gorham and Phelps with John Butler), was granted to Robert Morris in fee simple by a concurrent resolution of the Legislature of Massachusetts passed on the 20th June. 1792, and approved by the Governor, of which resolution an exemplification under the great seal of the Commonwealth was recorded in the Secretary's offee at Albany on the 10th November, 1792."

"These four conveyances of the 11th May, 1791, were originally deposited in the hands of Nathaniel Apple- ton and two others. to secure the payment of the purchase money of the tracts granted by them respec- tively. a separate bond being taken for the purchase money of each tract, upon the payment of which the deed for such tract was to take effect. These bonds were all duly paid, and the conditional delivery thus became absolute. Direct proof of these facts, inde- pen Iently of the presumptions arising from the lapse of time and other circumstances, is afforded by the rec- ords in the treasurer's office. Upon each bond, receipts are endorsed, signed by the then treasurer for the principal and interest monies. The payments are car- ried into the treasurer's books of account, and upon each bond is also endorsed a receipt from the agents of Robert Morris to the depositaries of the deeds, acknowledging the delivery of the same by them to Robert Morris.

"These conveyances will be found to embrace all the territory within the State of New York, lying west of a meridian line commencing in the north hounds of Pennsylvania, at a point 12 miles distant west from the southwest corner of Gorham and Phelps' purchase. and thence extending north to the boundary line of the United States, in Lake Ontario, excepting only the reserved strip of land one mile in width, along the Niagara river; and with this exception. Robert Morris became seized of the pre-emptive title to the whole of this territory.

"These lands, at the time of the sale and conveyance to Robert Morris, were in the occupation of the native Indians, but this occupation was not incompatible with the seizin in fee by Massachusetts at that time. By the deed of cession it was expressly stipulated between the two States, that Massachusetts might grant the right of pre-emption to the whole or any part of the ceded territory, with power to her grantees to extin- guish the Indian claim; but without any stipulation on this subject. the grant of the pre-emptive title would have carried with it a right to the soil, subject to the possession of the Indians, and with the exclu- sive power to extinguish their claims. (Johnson v. McIntosh, S Wheaton's Reports, 564")-(S. Gould).

The above described deeds and confirmations, though somewhat long and tedious, seem now to have completed the chain of title in one man, Robert Morris :

"In the winter of 1782-3, an American governmental loan was made through two prominent banking firms of Amsterdam, Holland-the Willinks and the Van Staphorsts. The amount of the loan was $2,000,000 and was to be repaid in five equal installments annually from 1793 to 1797. Robert Morris in the course of his duties as Superintendent of Finance. became ac- quainted through correspondence with these bankers. Close observers of affairs abroad as well as in America began to realize that vast fields were opening to speculative ventures of all kinds.

"May 11, 1791. Morris bought of Massachusetts all the land in the State of New York west of the Genesee. at the same time realizing that as the first installment of the $2,000,000 loan would be due in 1793, the Dutch bankers would be in funds seeking investment. Dur- ing 1792, skillfully worded pamphlets were broadly distributed through Holland describing the lands owned by Morris, and hearing strong indications of having been inspired by that eminent financier.

"December 24. 1792, Robert Morris conveyed to LeRoy & Linklean 1,500,000 acres of land. Between this and the following July conveyances were made to the same men covering the entire territory. LeRoy & Linklean were only trustees for certain gentlemen of Amsterdam afterward known as the Holland Land Company. There was no organized corporation, but simply three groups of capitalists, the extent of whose respective interests was a matter of private concern and impossible to ascertain."-(Cent. Hist.)

Morris had paid $275,000 for the lands afterwards conveyed to the Holland Company, and for the extin- guishment of the Indian title another $100,000. As all the lands purchased by these Dutch bankers from Mor- ris were conveyed in separate parcels and at different times, the deed to each will be separately described in order that the chain of title may be complete.

The following is an abstract exhibiting a deduction of title to 3,300,000 acres of land from Robert Morris to Wilhelm Willink, Nicholas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven and Rutger Jan Schim- melpenninck :

The Million and a Half Acre Tract, Embracing 422 chains and 56 links off the west part of Range VII. and the whole of Ranges VIII, IX. X, XI, XII, XIII, XIV, and XV, of Ellicott's map. This tract, composed of two parcels, one containing a million, the other a half million of acres, was conveyed by:

1. Robert Morris and Mary his wife, to Herman Le Roy and John Lincklaen; deed dated 24th December, 1792.

The first parcel is described as follows: "Begin- ning at a point on the southeastern shore of Lake Ontario, one mile due east from the northern termina- tion of the strait which divides Lake Ontario from Lake Erie, being a corner of lands reserved by the State of New York, and from the said point extending along the shore of Lake Ontario, easterly so far as upon actual mensuration shall be found necessary to include within the lines and hounds next hereinafter mentioned and described, the full and just quantity of one million acres of land, exclusive of lands covered with waters of ponds or lakes within the same, which shall he more than four miles in circumference as to such pond or lake, and from the termination of the said boundary so to he ascertained, extending hy a meridian line due south, to the north boundary of the State of Pennsylvania, thence by the same west, to a corner of a triangular piece of land granted by the United States to the State of Pennsylvania, thence by the perpendicular line of the said triangle, due north, to the shore of Lake Erie, thence along the shore of Lake Erie to the place where the line of lands re- served by the State of New York shall be found to intersect the said shore, thence along the lines and bounds of the said reserved lands, northwardly and easterly to the point of beginning on the shore of Lake Ontario."

The second parcel is thus described: "Beginning at the north-east corner of the first described tract of one million of acres on the shore of Lake Ontario, and extending from thence along the shore thereof, east- wardly so far as upon an actual mensuration thereof shall be found necessary to include within the lines and hounds next hereinafter mentioned and described. the full and just quantity of half a million of acres of land, exclusive of lands covered with the waters of ponds or lakes within the same, which shall be more than four miles in circumference, as to each pond or lake. and from the termination of the last mentioned boundary so to he ascertained, extending by a meridian line due south, to the said north boundary of the State of Pennsylvania, thence by the same, west, to the southeast corner of the said tract of one million of acres, thence by the eastern boundary thereof, north, to the place of beginning on the shore of lake On- tario."

256

CHAUTAUQUA COUNTY AND ITS PEOPLE

2. Herman LeRoy, and John Lincklaen, to William Bayard: deed dated 30th May, 1795.

3. William Bayard and wife, to Herman Le Roy, John Lineklaen and Gerrit Boon; deed dated Ist June, 1795.

4. Herman Le Roy and Hannah his wife. John Linek- laon, and Helen his wife, and Gerrit Boon to Paul Busti: deed dated 9th July, 1798.

5. Paul Busti and wife, to Herman Le Roy, William Bayard, James McEvers, John Lincklaen and Gerrit Boon, (upon trust for the benefit of Wilhem Willink and others, citizens of the United Netherlands, and with covenant to convey the same according to their directions and appointments); deed dated 10th July, 179%.

6. Herman LeRoy, William Bayard, James McEvers, John Lincklaen and Gerrit Boon to Wilhem Willink, Nicholas Van Staphorst. Pieter Van Eeghen, Hendrick Vollenhoven and Rutger Jan Schimmelpennick: deed dated 31st December. 1798, founded on and reciting the directions and appointments of the cestuique trusts named in the deed of 10th July. 1798.

7. The title of the last named grantees was con- firmed to them by Thomas L. Ogden and Gouverneur Morris, hy deed dated 13th February, 1801.

Concurrently with the execution of the original con- veyanee for these two tracts of land by Robert Mor- ris to Le Roy and Lineklaen, articles of agreement were entered by which, among other things, a right was reserved to the grantees to elect, within a cer- tain period. to convert the purchase into a loan, in which case the conveyance was to enure by way of mortgage to secure the repayment of the purchase money. The grantees choosing to hold the lands as a purchase, declared no election to hold them otherwise; but it was nevertheless contended by Morris and those claiming under him, that the whole transaction was to be considered as a loan, and that a right of redemp- tion still existed in Morris or his assigns, which a Court of Chancery would enforce. This question was put at rest by the conveyance of 10th of February, 1801. from T. L. Ogden and Gouverneur Morris, in the latter of whom were then vested all the rights which Robert Morris had in these lands, on the Sth June, 1797, or at any time subsequent. as the following facts and circumstances will demonstrate:

Two judgments were recovered in the Supreme Court of the State of New York against Robert Mor- ris, which were found to overreach the titles of several of the purchasers under him. The first of these judg- ments was recovered by William Talbot and William Allan, and was docketed on the 8th June, 1797. The second judgment was recovered by Solomon Townsend, and was docketed on the 10th August. 1798.

Previous to the year 1800, an execution had been issued on the last judgment, in virtue of which all the lands conveyed to Morris hy the State of Massachu- setts had been levied upon, sold and conveyed by the sheriff of Ontario county. to Thomas Mather, in whose name actions of ejectment founded on this conveyance were prosecuted in the Supreme Court of the State of New York. In the spring of the year 1800, and during the pendeney of these ejectments, an execution was is ued on the earlier judgment of Talbot and Allan, and the whole tract of country was again levied upon, and advertised for sale by the sheriff.

Under these circumstances Mr. Busti, then general agent of the Holland Land Company, entered into an arrangement with Gouverneur Morris, the assignee of the earlier judgment, by which to put an end to the claims set up under both judgments, and also to the pretensions set up by Robert Morris, in relation to the right of redemption in the million and the half- million aere tracts. To effect these objects, it was agreed that both judgments, and also a release of Mather's interest under the sheriff's deed to him, should be purchas d by the Holland Land Company, which was done. The two ju Igments were accordingly assigned to the individuals composing the Company; that of Townsend (hy his attorney Aaron Burr, ) by deel of assignment dated 22nd April, I800; that of Talbot and Allum (by Gouverneur Morris. the assig- nee.) by deed of assignment of the same date.

Founded on these preliminary acts, articles of agree- ment were entered into between Thomas L. Ogden of the first part. Wilhem Willink, Nicholas Van Staphorst. Pieter Van Eeghen. Hendrick Vollenhoven and Rutger Jan Schimmelpenninck, of the second part, and Gouv- erneur Morris of the third part. also dated 22nd April, 1800, by which, after reciting the above assignments. and the purchase of Mather's Interest, it was mutually agreed that the release from Mather should be taken in the name of Thomas L. Ogden, that he should also become the purchaser at the approaching sale under

the judgment of Talbot and Allum, and that the title thus derived under both judgments should be held by him upon trust for the purposes expressed in the agree- ment.

Among the trusts declared by that instrument, it was provided that the million and the half million acre tracts, composing together what is now called the million and a half acre tract, should be held sub- ject to the issue of an amicable suit, to be instituted on the equity side of the Circuit Court of the United States for the District of New York, to determine the operation and effect of the conveyance of those tracts by Robert Morris, so that if hy the decree of that court. or of the Supreme Court of the United States, in case of appeal from the decision of the Circuit Court. such conveyance should be adjudged to be absolute and indefeasible, then the two tracts should be re- leased and confirmed by Gouverneur Morris to the Land Company; but if adjudged to be a mortgage, then that they should be released by them to him upon payment of the original purchase money and interest. It was further provided by this agreement, that the residue of the entire tract of country should be released and confirmed by T. L. Ogden to the sev- eral proprietors under Robert Morris, according to the award and appointment of Alexander Hamilton, David A. Ogden, and Thomas Cooper, Esquires.

In pursuance of this agreement, Mather's rights under the sale upon Townsend's judgment were con- veyed to Thomas L. Ogden, by deed dated 22 April, 1800, and a sale having been made under the execution issued upon the judgment of Talbot and Allum. the entire tract of country. as to all the estate and inter- est therein which Robert Morris was entitled to on the 8th June, 1797. was conveyed by Roger Sprague. sheriff of Ontario county, to Thomas L. Ogden, by deed dated 13th May, 1800.

Alexander Hamilton, David A. Ogden and Thomas Cooper made an award or appointment, dated 22d Jan- uary, 1801. directing conveyances by Thomas L. Ogden, of the whole of the lands to and among the several grantees under Robert Morris, the parcels to be con- veved to each, being defined by appropriate descrip- tions and boundaries.

In conformity with this appointment. the several confirmations mentioned in Abstract II, (B and () and in Abstract V. were executed by Thomas L. Ogden.

It was required by the award, that each of the grantees under Morris, receiving a release from T. I .. Ogden, should execute to him a release or quitelaim, of all the residue of the tract of country. which releases were executed accordingly.

The conveyance of 10th February, 1801, from T. L. Ogden and Gouverneur Morris, served also as a con- firmation of the title under the treaty with the Seneca Indians of 15th September. 1797, which confirmation had heon withheld as to this tract, although given with regard to the million aere and the 800,000 acre tracts.

One Million Acre Traet, Embracing Townships num- hered 5 to 16 inclusive of the I Range. Embracing Townships numbered 4 to 16 inclusive of the II and III Ranges. Embracing Townships numbered I to 4 inclu- sive of the IV, Y and VI Ranges. This tract was con- veyed by:

1. Robert Morris and wife, to Herman LeRoy, John Lincklaen and Gerrit Boon, deed dated 27th February, 1793, confirmed (after the extinguishment of the In- dian title.) by deed between the same parties dated 1 June, 1798.

It is thus described in both conveyances: Beginning at a point in the north boundary line of the State of Pennsylvania, twenty-eight miles west from the south- western corner of the land purchased by Nathaniel Gorham and Oliver Phelps, from the Five Nations of Indians, by deed dated the 8th day of July, in the year one thousand seven hundred and eighty-eight, and which southwestern corner hereby intended is a point in said boundary line of the State of Pennsylvania, due south of the confluence of the Shanahasgwaikon creek. with the waters of the Genesee river, and from the said point or place of beginning the said tract hereby granted runs due north, eighteen miles, thence due east twelve miles. thence due north six miles, thence due east four miles, thence due north, to the boundary line in Lake Ontario, between the United States and the King of Great Britain, thence west- wardly along the said boundary line to a point therein. due north of the point or place of beginning first abovementioned, thence due south to a point twenty- four miles north of, and distant from the said point or

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THE HOLLAND LAND PURCHASE

place of beginning first above mentioned, thence que west, sixteen miles. thence due south, twenty-four miles to the said boundary line of the State of Pent- sylvania, thence due east along the said boundary line. sixteen niiles to the said point or place of beginning first above mentioned.

2. Herman Le Roy and Hannah his wife, John Linck- Jaen and Helen his wife, and Gerrit Boon to Paul Busti; deed dated 9th July. 1798.

3. Paul Busti and wife, to Herman Le Roy, William Bayard, James McEvers, John Lincklaen and Gerrit Boon upon trust for the benefit of Wilhem Willink and others, and with covenant to convey the same accord- ing to their directions and appointment; deed dated 10th July, 1798.

4. Herman Le Roy. William Bayard, James Mc- Evers, John Lincklaen and Gerrit Boon to Wilhem Willink. Nicholas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven, and Rutger Jan Schimmelpen- ninck, deed dated 31st December, 1798, founded on and reciting the directions and appointment of the ces- tuique trusts named in the last mentioned deed of 10th July, 1798.

5. The title of the last mentioned grantees was confirmed to them by Thomas L. Ogden, by deed dated 13th February, 1801.

It will be seen by the maps that the meridian line described above does not form in its whole extent, the eastern boundary of the Holland Purchase as this deed

imports. Robert Morris had previously conveyed a tract of 100,000 acres to Watson Craigie and Green- leaf, the west bounds of which was found upon actual surveys, to project 166 chains and 31 links to the west of the meridian intended as the eastern boundary of the million acre tract. This encroachment extends southerly from Lake Ontario, about 2614 miles

Eight Hundred Thousand Aere Tract, Embracing Townships 5 to 16 of the IV, V. and VI Ranges of El- licott's Map. This tract was conveyed by:

1. Robert Morris and wife, to Herman Le Roy. John Lincklaen and Gerrit Boon, deed dated 20th July, 1793, and confirmed, after extinguishment of the Indian title, by deed between the same parties dated 1st June, 1798.

It is thus described in hoth conveyances: Beginning at a point or place twenty-four miles due north of a point in the north boundary line of the State of Penn- sylvania, forty-four miles west from the southwestern corner of the lands purchased by Nathanial Gorham and Oliver Phelps, from the Five Nations of Indians, by deed dated the Sth day of July, in the year one thousand seven hundred and eighty-eight. (and which southwestern corner, hereby intended is a point in the said boundary line of the state of Pennsylvania, due south of the confluence of the Shanahasgwaikon creek, with the waters of the Genesee river.) and from the said point or place of beginning. the said tract hereby granted, runs due east sixteen miles, (along a tract conveyed hy the same parties of the first part, to the said parties of the second part, on the 27th day of February, 1793.) thence due north along the bounds of the said tract so conveyed. on the 27th day of Feb- ruary. 1793, to the boundary line in Lake Ontario, between the United States and the King of Great Bri- tain, thence westerly along the said boundary line, to a point therein, due north of the said point or place of heginning, first above mentioned, and thence due south to the said point or place of beginning. first above mentioned.

2. Herman LeRoy and Hannah his wife, John Linck - laen and Helen his wife, and Gerrit Boon, to Paul Busti: deed dated 9th July, 1798.

3. Paul Busti and wife, to Herman Le Roy, William Bayard, James MeEvers, John Lincklaen and Gerrit Boon, upon trust for the benefit of Wilhem Willink and others, with covenant to convey according to the directions and appointment: deed dated 10th July, 1798.

4. Herman Le Roy, William Bayard, James Mc- Evers. John Lincklaen and Gerrit Boon, to Wilhem Willink, Nicholas Van Staphorst. Pieter Van Eeghen. Hendrick Vollenhoven, and Rutger Jan Schimmelpen- ninck as joint tenants, deed dated 31st December, 1798, founded on and reciting the directions and ap- pointment of the cestuique trusts named in the last mentioned deed, of 10th July, 1798.

5. The title of the last named grantees, was con- firmed to them by Thomas L. Ogden, by deed dated 13th February, 1801.

Chau-17

ABSTRACT No III.

Tract of 983,997 Veres, Deducing title from Wilhem Willink and others, (Nicholas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven and Rutger Jan Schimmelpenninck) to the present proprietors of the tract of nine hundred and eighty-three thousand nine hundred and ninety-seven acres, and consisting of the following Townships, excepting such paris of them as fall within the Indian reservations, viz .:

Townships 1, 2, 3, of Range XV

Townships 1. 2, 3, 4, of Range XIV.

Townships 1, 2. 3. 4. 5, of Range XIII.

Townships 1, 2, 3, 4, 5, 6, of Range XII.

Townships 1. 2. 3. 4. 5. 6, of Range XI.

Townships 8, 13, 14, 15, of Range IX.

Townships 6. 7. 8, 9, 11, 12, 13. 11. 15, of Range VIII. Townships 6, 7. 8, 9, 11. 12, 13, 14. 15, of Range VIL. Townships 15, 16, and 7,286 acres of the west part of 14. of Range IV.

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History of Chautauqua County, New York, and its people, Volume I, Part 53

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog] Publication date: 1921 Publisher: Boston, New York [etc.] American historical society, inc. Number of Pages: 649

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog]
Publication date: 1921
Publisher: Boston, New York [etc.] American historical society, inc.
Number of Pages: 649