History of Chautauqua County, New York, and its people, Volume I, Part 54

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 54

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These lands described by townships and ranges, ex- cepting so much of the Buffalo creek reservation as falls within them, and also the Tuscarora reservation, were conveyed by

1. Wilhem Willink, Nicholas Van Staphorst. Pieter Van Eeghen. Hendrick Vollenhoven and Rutger Jan Schimmelpenninck, hy their attorney. Paul Busti. to James McEvers; deed dated 24th March, 1801.

This conveyance was made in pursuance of powers granted to Paul Busti, by letter of attorney, dated 26th November, 1800, which was executed by Nicholas Van Staphorst as attorney of Rutger Jan Schimmelpen- ninck, under a written authority. dated 1st October, 1800. Mr. Schimmelpenninck confirmed the power to Paul Busti, hy an instrument dated 7th September, 1801, and has since died, so that his estate independ- ently of this conveyance would have vested in the sur- viving joint tenants.

2. James McEvers to Wilhem Willink, Nicholas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven, Rutger Jan Schimmelpenninck. Wilhem Willink the younger, Jan Willink the younger. Jan Gabriel Van Staphorst, Roelof Van Staphorst the younger, Corne- lis Vollenhoven and Hendrick Seye, as joint tenants; reed dated 1st April, 1801.

3. Wilhem Willink, Wilhem Willink Jun. and Corne- Jis Vollenhoven, (survivors of the above joint tenants) to Egbert Jean Koch: deed dated 9th February, 1829. 4. Egbert Jaen Koch to Wilhem Willink. Walrave Van Heukelom, Jan Van Eeghen. Cornelis Van Der Vleit, Wilhem Willink jun. and Pieter Van Eeghen. as joint tenants; deed dated 10th February, 1829.

5. Wilhem Willink, Walrave Van Heukelom. Jan Van Eeghen, Cornelis Isaac Van Der Vleit. Wilhem Willink jun. and Pieter Van Eeghen, together with Nicholas Van Beeftingh and Gerrit Schimmelpenninck (son of Rutger Jan) to Egbert Koch: deed dated 11th February, 1829, conveying Township 14, Range IV.

This conveyance, in which the owners of the two million acre tract, and of the 983,997 acre tract. all united, was intended to rectify an error in the ilivision of Township 14, Range IV, between those concerned, which object was effected by means of a conveyance of the whole township to Egbert Jean Koch, and a reconveyance from him to each set of proprietors, of their respective parts of that township according to the true location.

6. Egbert Jean Koch to Wilhem Willink. Walrave Van Huekelom, Jan Van Eeghen, Cornelis Isaac Van Der Vliet, Wilhem Willink jun. and Pieter Van Eeghen, as joint tenants, conveying 7.286 acres of the west part of Township 14, Range IV, dated February 12th, 1829.

ABSTRACT No. 1V.

The 2,000,000 Acre Tract, Deducing the title from Wilhem Willink, Hendrick Vollenhoven, and Rutger Jan Schimmelpenninck, named in Abstract No. II. to the present proprietors of all the residue of the three large tracts referred to in that Abstract, except the 953,997 acres referred to in Abstract No. Ill. such residue being called the "Two Million Acre Tract", and embracing the four tracts designated by the let- ters M. O. P. Q. on Ellicott's map. All the unconveyed parts and parcels of these lands described by town- ships and ranges, were conveyed by

1. Wilhem Willink, Hendrick Vollenhoven and Rut- ger Jan Schimmelpenninck, survivors of Nicholas Van Staphorst and Pieter Van Eeghen, to Hendrick Seye; deed dated 18th April, 1821.

2. Hendrick Seye to Wilhem Willink, Hendrick Vol- lenhoven, Rutger Jan Schimmelpenninck, Walrave Van Heukelom, Nicholas Van Beeftingh, Jan Van Eeghen,

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CHAUTAUQUA COUNTY AND ITS PEOPLE

Wilhem Willink jun. and Gerrit Schimmelpenninck, (son of Rutger Jan, ) as joint tenants; deed dated 19th April, 1821.

The debts, contracts and securities arising from prior sales and conveyances of lands within the two million acre tract were assigned to the grantees of the land by means of two conveyances between the parties to the two deeds of 18th and 19th April, 1821; deeds dated 28th and 29th March, 1823.

3. Wilhem Willink, Walrave Van Heukelom, Nicho- las Van Beeftingh. Jan Van Eeghen, Wilhem Willink jun., Gerrit Schimmelpenninck. (survivors of Hendrick Vollenhoven and Rutger Jan Schimmelpenninck.) to- gether with Cornelis Isaac Van Der Vliet and Pieter Van Eeghen, to Egbert Jean Koch; deed dated 11th February. 1829, conveying township number 14, Range IV.

4. Egbert Jean Koch to Wilhem Willink, Walrave Van lleukelom, Nicholas Van Beeftingh, Jan Van Eeghen, Wilhem Willink jun. and Gerrit Schimmel- penninck; deed dated 12th February, 1829, conveying 6,674 acres of the east part of Township 14, Range IV, This conveyance was intended to rectify an error in the division of Township 14. Range IV, similar to the one described under Abstract No. 111.

ABSTRACT No. V.

Tract of 300,000 Acres, Exhibiting a deduetion of the title from Robert Morris to Wilhem Willink, Jan Wil- link, Wilhem Willink jun. and Jan Willink Jun. for the three traets of land called the 300,000 aere tract, and designated on Ellicott's map by the letter "W". These tracts were conveyed by.

1. Robert Morris and wife to Herman Le Roy, Wil- lianı Bayard and Matthew Clarkson; deed dated 20th July, 1793, confirmed after the extinguishment of the Indian title, by deed between the same parties, dated 1st June, 1798. The "first tract" was intended to con- tain 200.000 aeres and comprehends

Townships 1, 2, 3, 4. of the I. Range.

Townships 1, 2, 3, of the Il. Range.

Townships 1. 2, 3. of the 11I. Range.

It is thus deseribed in the conveyance: Beginning at a point in the north boundary line of the state of Pennsylvania, twenty-eight miles west from the southwestern corner of the lands purchased by Na- thaniel Gorham and Oliver Phelps from the Five Nations of Indians, by deed dated the eighth 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 south, to the said boundary line of the State of Pennsylvania, and thence west along the said boundary line of the state of Pennsylvania, to the said point or place of beginning, first above men- tioned.

The "second traet," which was intended to contain 54,000 acres, comprehends 113 chains and 68 links, of the east part of Range VII, and extends from the Pennsylvania line to the south bounds of the Buffalo creek reservation.

It is thus described in the conveyance: Beginning at a point in the northern boundary line of the State of Pennsylvania, forty-four miles west from the said southwestern corner of the lands purchased by Na- thaniel Gorham and Oliver Phelps, from the Five Nations of Indians, and from the said point or place of beginning, the said tract runs due north so far as on an actual admeasurement shall be found necessary to include within the limits and bounds, next herein- after mentioned, and described the said quantity of fifty-four thousand acres, thence due west to the east- ern bourdary of a tract of half a million of acres con- veyed by the said Robert Morris and Mary his wife, to the said Herman Le Roy and John Lincklaen, by conveyance bearing date the twenty-fourth day of December last, thence due south to the said boundary line of the State of Pennsylvania, and then east along the same to the said point or place of beginning.

This tract is bounded on one side by the east line of the half million acre tract, and on the other by the west line of the million and 800,000 acre tracts, which lines were established by the previous conveyances of the first two of those three tracts, and are understood to approach nearer to each other than was supposed at the date of this conveyance. To embrace 54,000 acres, this tract would extend north, so as to take in part of

the Buffalo creek reservation, but that reservation has heen sold under the powers of all the proprietors, (in- cluding the Messieurs Willink), so that the south line of the reservation forms the north line of the 54,000 acre tract.

The "third tract" was intended to contain 46,000 acres. It comprehends a like portion of the east part of Range VIl, and extends from lake Ontario to the north bounds of the Buffalo ereek reservation. It is thus described in the conveyance: "Beginning at a point or place on the southern shore of lake Ontario, due north of said point or place of beginning of the said tract of fifty-four thousand acres, thence due south so far as on an actual admeasurement shall be found necessary to include within the limits and bounds next hereinafter mentioned and described, the said quantity of forty-six thousand acres. thence due west to the eastern houndary of the said tract of half a million of acres. thence due north to the said shore of Lake Ontario, and thence easterly along the same to the said point or place of beginning."

The remarks contained in the last paragraph after the description of the "second traet" apply equally to this tract. that is the south line of the "third tract", for similar reasons, is the north line of the Buffalo creek reservation.

2. Herman Le Roy, and Hannah his wife, William Bayard, and Elizabeth his wife, and Matthew Clark- son to Paul Busti; deed dated 9th July, 1798.

3. Paul Busti and wife, to Herman Le Roy, William Bayard and Matthew Clarkson, in trust for Wilhem Willink and Jan Willink, with covenant to convey ac- cording to their direction and appointment; deed dated 10th July, 1798.

4. Herman Le Roy, William Bayard and Matthew Clarkson to Wilhem Willink, Jan Willink, Wilhem Willink jun. and Jan jun. as joint tenants, reciting instructions of Wilhem Willink and Jan Willink; deed dated 31st January, 1799.

5. The title of the last named grantees was con- firmed to them by Thomas L. Ogden, by deed dated 27th February, 1801 .- (S. Gould).

"Although these deeds of conveyance were given to three distinct companies of proprietors, their interests were so closely blended, several of the same persons having large interests in each of the three different estates; they appointed one general agent for the whole, who managed the concerns of the tract gen- erally, as though it all belonged to the same proprie- tors, making no distinction which operated in the least on the settlers and purchasers, but simply keep- ing the accounts of each separate, when practicable, and apportioning. pro rata, all expenses when blended in the same transaction for the benefit of the whole. The general agent likewise appointed the same local or resident agent for the three companies owning this tract in Western New York. The only difference be- tween its consisting of one or more tracts discernable by the purchaser of lands, was, that in executing con- tracts or conveyances, the agents used the names of the respective proprietors of each tract.

"It is a curious fact, that when the Dutch proprietors were parcelling out the tract among the three different branches of the company, it was mutually agreed among the whole, that Messrs. Wilhem Willink, Jan Willink, Wilhem Willink the younger, and Jan Willink the younger, should have 300,000 acres, located in such part of the whole tract as they should select. In mak- ing their selection, they located their 300,000 acres in nearly a square form, in the southeast corner of the tract, for the reason that it was nearest Philadel- phia, the residence of the general agent. This selec- tion contained the territory now composing the towns of Bolivar. Wirt, Friendship, the east part of Belfast, Genesee, Clarksville and Cuba, in Allegany county, Portville, and the east parts of Hinsdale and Rice in Cattaragus county. This location will give the reader who is acquainted with the localities of the country, some idea of the knowledge, or rather want of know- ledge, of the Dutch proprietors, of the situation and relative advantages of the different portions of their vast domains.

"This sale by Robert Morris to the Holland Company was made before the Indian title to the land was ex- tinguished, accompanied by an agreement on his part to extinguish that title, with the assistance of the Company, as soon as practicable; therefore at a coun- cil of the Seneca Indians, held in Genesee, on Genesee river, in the month of September, 1797, at which Jere- miah Wadsworth attended as Commissioner for the United States, and William Shepherd as agent for Massachusetts, Robert Morris in fulfilment of his sev- eral contracts with the Holland Company and the

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other persons to whom he had sold land on this tract. acting by his agents, Thomas Morris and Charles Wil- liamson, extinguished the Indian title to all the land, the pre-emption right of which he had purchased of Massachusetts, except the following Indian Reserva- tions, to wit: The Cannawagus reservation, contain- ing two square miles, lying on the west bank of Gene- ser river, west of Avon. Little Board's and Bigtree reservations, containing together four square miles, lying on the west bank of Genesee river opposite Geneser, Squakie Hill reservation, containing two square miles, lying on the north bank of Genesee river, north of Mount Morris. Gardeau reservation. containing about 28 square miles, lying on both sides of Grnesre river, two or three miles south of Mount Morris. The Canadea reservation, containing 16 square miles, lying each side of and extending eight miles along the Genesee river, in the county of Alle- gany. The Oil Spring reservation, containing one square mile, lying on the line between Allegany and Cattaraugus counties. The Allegany reservation, con- taining 42 square miles, lying on each side of the Allegany river, and extending from the Pennsylvania line northeasterly about 25 miles. The Cattaraugus reservation, containing 42 square miles, lying caeh side and near the mouth of Cattaraugus ereek, on Lake Erie. The Buffalo reservation, containing 130 square miles, lying on both sides of the Buffalo creek, and extend- ing east from Lake Erie, about seven miles wide. The Tonawanda reservation, containing 70 square miles, lying on both sides of the Tonawanda creek, beginning about 25 miles from its mouth. and extending cast- wardly about seven miles wide; and the Tuscarora reservation, containing one square mile, lying about three miles east of Lewiston, on the Mountain Ridge." -(Turner).

"By a treaty at Big Tree, on the Genesee river, Sep- tember 15. 1797, between Robert Morris and Red Jacket, Cornplanter, Governor Blacksnake and forty Chiefs and Sachems, the Senecas for the sum of $100,- 000 sold all their interest in the Robert Morris Pur- chase, reserving only 337 square miles of land con- tained in eleven Indian reservations, one of which lies partly in the county of Chautauqua, consisting of about one square mile in the town of Hanover upon which six Indian families resided in 1894, and which had 31 inhabitants, according to the census of 1890.

"By a treaty made with the Ogden Land Company, August 31. 1826, the Indians sold to them a pre- emption right in these reservations, by which the Ogden Company claims the fee to the land when the tribal relations of the Indians shall cease. The

Senecas, however, elaim that the Ogden Company has only the first right to purchase when the Indians shall choose to sell. The claim of the Ogden Company is at this time a source of great uneasiness to the Indians." -(Cent. Hist. ).

"In 1810. the Holland Company sold all their pre- emptive right to the Indian reservations, to David A. Ogden, for fifty cents per acre. What is known as the Ogden Company, have extinguished the Indian title to all the Reservations, except the Cattaraugus, Alle- gany. and the largest part of the Tonawanda. They assume to have, by treaty, extinguishet the title of the Indians to the whole of the Tonawanda Reserva- tion; but possession is resisted by the Indians, and proceedings are now pending in our courts in refer- ence to it; from which controversy may this remnant of the Iroquois, whose history has heen mingled in our narrative, have a good deliverance. There has been quite enough of attainted Indian treaties in Western New York, under this Ogden claim, and re- moval and possession in pursuance of them."-(Cent. Hist. ).

"The Theophilus Cazenove, the agent general of the Holland Company, resident at Philadelphia, in July, 1797, had engaged Mr. Joseph Ellicott. as principal surveyor of the company's lands in Western New York, whenever their title should be perfected and posses- sion obtained, and likewise, to attend the beforemen- tioned council and assist Messrs. W. Bayard and J. Linklaen, who were to attend and act as agents for the company, (sub rosa) for the purpose of promoting the interests of their principals in any treaty which might be made with the Indians. Mr. Ellicott attended the council accordingly, and rendered valuable services to the purchasers. This period was the commencement of upwards of twenty years' regular active service ren- dered by Mr. Ellicott to the Holland Land Company, in conducting their affairs and executing laborious en- terprises for their benefit.

"As soon as the favorable result of the proceedings of this council was known, Mr. Ellicott proceeded in- mediately to prepare for the traverse and survey of

the north and northwest bounds of the tract. As soon as the necessary preparatory steps could be taken, Mr. Ellicott. as surveyor for the Holland Company, and Augustus Porter, in the same capacity, for Robert Morris, for the purpose of estimating the quantity of land in the traet, started a survey at the northeast corner of I'helps and Gorham's tract, west of Genesee river, and traversed the south shore of Lake Ontario to the mouth of Niagara river; thence up the castern shore of Niagara river to Lake Erie, thence along the southeast shore of Lake Erie to the west bounds of the state of New York, being a meridian line running due south from the west end at Lake Ontario, which had been previously established by Andrew THicott. Surveyor General of the United States, assisted by said Joseph Ellicott. All which was perfected by the mid- die of November following.

"Before Mr. Ellicott left Western New York for Philadelphia, he contracted with Thomas Morris to deliver on the Genesee river. * provisions for the supply of the surveyors and their assistants the ensuring season."-(Turner).

"Although the great divisions of the Holland Pur- chase were intended to consist of townships Fix miles square. the division of the tract among the three sets of proprietors, the Indian reservations which were not included in the townships, as well as the offsets and sinuosities existing in most of the boundaries, prevent a large portion of the townships conforming to this standard. The townships are situated in ranges run- ning from south to north. The townships in each range of townships beginning to number one at the south, raising regularly in number to the north, and the ranges of townships beginning to number one at the east, and proceeding regularly west, to fifteen.

"The first plan of the agent general of the company, relative to the subdivision of the townships. was to divide each township which was six miles square into sixteen portions one and a half miles square, to be called sections, and each section again subdivided into twelve lots, each lot to be three fourths of a mile long (generally north and south, ) and one-fourth of a mile wide, containing about 120 acres each; presuming that a wealthy farmer would buy a section, whereon to locate himself and his progeny. Twenty-four town- ships were surveyed or commeneed to be surveyed in conformity to that plan, although the uniformity of the size and shape of lots was often departed from, where large streams, such as the Tonawanda running through the townships, were, for convenience, made boundaries of lots. From experience however it was ascertained that, in the purchase of land, each indi- vidual whether father, son, or son-in-law, would locate himself according to his own choice or fanev That this formal and regular division of land into farms. seldom was found to be in conformity to the topog- raphy of the country, nor to the different requirements as to quantity, likewise that the addition of sections to townships and lots, rendered the descriptions of farms more complex, and increased the liability to err in defining any particular location: for which reasons. the practice of dividing townships into sections was abandoned, and thereafter, the townships were simply divided into lots of about sixty chains or three fourths of a mile square, which could be divided into farms to suit the topography of the land and quantity required by the purchasers. In those townships in which the surveys had been commenced to divile them into sec- tions, and not completed, the remaining sections were divided into four lots only of three-fourths of a mile square each. These lots consequently contained about 360 acres each, but could not be laid off exactly uni- form in shape and area, for the same reason why the townships could not be laid off exactly uniform."- ( Turner ).

The following is taken from a report made by Joseph Ellicott to the agent general at Philadelphia and explains the reason for the offsets at the intersections of the boundaries of many lots as well as townships: "The difference that is discernable in the size of the several townships, is occasioned by the variation of the needle, which for certain occult causes is found to differ essen- tially between any two stations that may be fixed on, and much more between some stations than others. Hence in taking the magnetic courses of any two townships, it will follow that a disproportion in size of the several townships will necessarily arise, as the needle is seldom known to preserve a uniform position, between places but a few hundred yards from each other: so that inac-

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curacies will arise though the greatest circumspection should be observed in correcting courses".

The failure of many county surveyors and civil engi- neers to calculate correctly the variation of the magnetic needle for the absolute date on which old lines were run, has been responsible for many errors in later surveys. In the longitude of Mayville the annual increase of westerly variation of the needle is nearly three minutes of arc, due to the practically regular westerly travel of the magnetic pole. It can readily be seen that unless the surveyor of today thoroughly understands the scien- tifie theory of the magnetic needle and is able to cor- rectly calculate the variation for any given date he will not be able to "run a line" of any great length and have it coincide or "hook up" with the old survey. Many errors attributed to the old surveyors have as a matter of fact been made by the later ones.

"Early in the spring of 1788, Mr. Ellicott dispatched Adam Hoops, Jr., from Philadelphia, to Western New York, with general powers to prepare for opening the approaching campaign of surveying the Holland Pur- chase, and to co-operate with Augustus Porter, who had previously been engaged to procure horses, employ hands, and transport stores from the places of their delivery by the contractor, Mr. Morris, to the place where they would be required for consumption" .- (Turner).

"Mr. Ellicott and his assistants having arrived on the territory, his first business was to ascertain and correctly establish the east line of the Purchase. He caused the Pennsylvania line to he accurately meas- ured from the southwest corner of Phelps and Gor- ham's purchase, or the 82d milestone, twelve miles west, and there erected a stone monument for the southeast corner of the Holland Purchase. The whole company was then divided into parties, to prosecute the undertaking to advantage. The principal surveyor. Joseph Ellicott, assisted by Benjamin Ellicott, one other surveyor and the requisite number of hands, un- dertook to run the eastern houndary line. The other surveyors, each with his quota of hands were assigned to run different township lines.

"A line running due north from the monument estab- lished as the southeast corner by Mr. Ellicott, to the houndary line between the United States and the dominions of the King of Great Britain in Lake On- tario, according to the deeds of conveyance from Rob- ert Morris to the Company, constitutes the east line of their purchase. To run a true meridian by the sur- veyor's compass Mr. Ellicott knew to be impracticable; he therefore determined to run this line by an instru- ment having for its basis the properties of the "tran- sit instrument" (an instrument made use of to observe the transits of the heavenly bodies), improved for this purpose by a newly invented manner of accurately arriving at the same; to effect this object, an instru- ment possessing all these qualities was manufactured in Philadelphia by his brother, Benjamin Ellicott, as no instrument possessing all the qualities desired, was then to be found in the United States.

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History of Chautauqua County, New York, and its people, Volume I, Part 54

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