History of Chautauqua County, New York, and its people, Volume I, Part 55

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 55

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"This instrument has no magnetic needle attached to it, hut its peculiar qualities and prominent advan- tages are. that by means of its telescopic tube and accurate manner of reversing, by it, a straight line can be correctly, and comparatively speaking, expe- dlitiously run. But such an instrument, by reason of its magnifying powers, is as illy calculated to run a line through the woods and underhrush, as would a Jterschel. . microscope to observe the transits of the satelites of * Therefore it became necessary to

cut a vista through the woods on the highlands and on level ground, sufficiently wide to admit a clear and uninterrupted view

"Mr Ellicott having provided himself with such an instrument, caused the vista to be cut, some three or four rods wide, ahead of the transit instrument, in a north direction as indicated by the compass, which sometimes led the axemen more than the width of the vista from the meridian sought; therefore the true meridian line, called the transit line, from the name of the instrument with which it was run, being of no width, runs sometimes on one side of the middle of the vista cut in advance, and sometimes on the other.

"Thus prepared with a suitable instrument, Mr EI- licott, assisted hy his brother. Benjamin Ellicott. to- gether with surveyors and their assistants, established a true meridian line north from the corner monu-

ment, by astronomieal observations, and pursued it with the transit instrument, taking new astronomical observations at different stations, to guard against accidental variations. The progress in running this line was slow, as it could not be otherwise expected, considering the great amount of labor necessarily to he performed, in clearing the vista, and taking other preparatory measures, and above all, the vast impor- tance of having it correctly established, which ren- dered anything like precipitance or haste an experi- ment too hazardous to be permitted. June 12th, the party on this line had advanced so far north that they had established their storehouse at Williamshurg, (about three miles south of the village of Geneseo), and soon after Mr. Ellicott made it his headquarters at Hugh M'Nair's in that vicinity. On the 22d day of November following, eighty-one and a half miles of the line was established, which brought them within about thirteen miles of the shore of Lake Ontario; the precise date of its completion is unknown.

"This line defined the west bounds of Mr. Church's 100,000 acres, but passed through the Cotringer, Ogden. and Cragie tracts, about two miles from their west boundaries, as described in the deeds of conveyance from Robert Morris to the several grantees; but as their titles were of a later date than the conveyance to the Holland Company, no deviation from the first established meridian was made by Mr. Ellicott.

"On arriving at the south line of the 100.000 acre tract conveyed by Robert Morris to Leroy Bayard and M'Evers, now called the Connecticut tract (the convey- ance of which, from Robert Morris, claimed seniority over that to the Holland Company), Mr. Ellicott found that his meridian intersected the south line of that tract, 166 chains and 30 links east of its southwest corner, on which he moved his position that distance to the west. from which point he ran the transit due north to Lake Ontario.

"The clashing of the boundary lines of the several tracts, located from the north end of the Reserve. as conveyed by Mr. Morris, and the Holland Company's land which was located from the south, was arranged in the following manner, and taken possession accord- ingly. The conveyance of the Connecticut tract by Mr. Morris, to Watson, Cragie, and Greenleaf, being anter- ior to that of the Holland Purchase to Wilhem Willink and others: that tract retained its full size and loca- tion, according to the description in the deed. The Ogden and Cotringer tracts held their size and shape, but their location was moved about two miles east, and fixed according to the original intention of Mr. Morris, there being land sufficient in that direction, on the Reserve, not otherwise appropriated by him. The conveyance of the Cragie tract being likewise suhse- quent to that of the Holland Purchase, about two miles of the western part of it was cut off by the loca- tion of that tract; and as the triangular tract, Phelps and Gorham's tract, west of Genesee river, and the 40,000 acre tract. with their prior conveyances and locations, bounding it on the east, which prevented its extension in that direction, was consequently reduced in area to between thirty-three and thirty-four thou- sand acres. The proprietors, however, not being con- tent to rest quietly sustaining this loss, have since instituted suits in ejectment against the occupants of lands, west on the Holland Purchase and south on the Ogden tract, to try the legal interpretation of their rights, in extending their limits in one way or the other of those directions, but have failed in both.

"Although the eastern bank of the Niagara river had been traversed, the east hound of the New York mile strip had not been ascertained, and the State would participate in it no further than to give the proprietors of the land adjoining, to wit: the Holland Company, liberty to run the line at their own expense, and if so run as to be approved by the Surveyor Gen- eral of the State. it should be established as perma- nently located, and passed a law to that effect. This was, undoubtedly, the most difficult piece of surveying ever performed in the State. Some preliminary mat- ters as to the construction of the terms of the treaty or agreement between New York and Massachusetts had to be first settled. At the north end, where the river disembogued itself into the lake, at almost right angles with its shore, there could no doubts arise: but at the south end of the straits or river a different state of things existed; Lake Erie narrowed gradually and became a river; where the lake ends and the river hegins may be considered a difficult question; but it was finally agreed between the parties interested, the river should be deemed to extend to where the water was one mile wide and there cease; the line of the strip east of this point, extending to the shore of Lake Erie

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261

THE HOLLAND LAND PURCHASE

on an arc of a circle of one mile radius, the centre being in the eastern bank at the termination of the lake and head of the river, giving to the mile trip all the land lying within a mile of the river, whether east or south. For this are of the circle, which could not be practically run, a repetition of short sides, making a section of a regular polygon, was substituted. Seth Pease, a scientific surveyor and astronomer, was en- gaged in the fall of 17SS to run this line, who executed the survey in a masterly manner and to the satisfac- tion of all the parties concerned" .- (Turner).

"The Indian treaty of 1797, in which the Indian title to the Holland Purchase was extinguished, except to certain reservations, as has been before stated, pre- scribed the quantities contained in, and general shape and location of each reservation, leaving the precise location of the boundary lines to be determined there- after. The Indians reserved 200,000 acres one indefin- ite portion of which was to be located on Buffalo creek, at the east end of Lake Erie, and the remainder on the Tonawanda creek. As the New York reservation ex- cluded the Holland Company's land from the waters of Ningara river, and from the shore of Lake Erie one mile se utherly from the river, it became very impor- tant to the company to secure a landing place and harbor at the mouth of Buffalo creek, and sufficient ground adjoining whereon to establish a commercial and manufacturing village or city.

"Captain William Johnson, an Indian trader and in- terpreter, settled himself near the mouth of the Buf- falo creek at an early period. under the auspires of the British Government, and remained there until the Holland Company had effected their purchase. Ilis dwelling house stood south of Exchange street and east of Washington street; he had other buildings north of Exchange and east of Washington streets. Capt. Johnson had procured of the Indians by gift or purchase two square miles of land at the month of Buffalo creek, including a large portion of the terri- tory on which now stands the city of Buffalo. He had also entered into an agreement with the Indians. which amounted to a life lease, of a certain mill site and the timbered land in its vicinity, on condition of supplying the Indians with all the boards and plank they wanted for building at, and near the creek. This site was about six miles cast of the mouth of the creek.

"Although Johnson's title to this land was not con- sidered to have the least validity, yet the Indians had the power and the inclination to include it within their reservation, unless a compromise was made with Johnson. and taking into consideration his influence with them. the agents of the company concluded to enter into the following agreement with him, which was afterwards fully complied with and performed by both of the parties: Johnson agreed to surrender his right to the said two square miles, and use his influ- ence with the Indians to have that tract and his mill site left out of their reservation, in consideration of which the Holland Company agreed to convey by deed to said Johnson, 640 acres, including the said mill site and adjacent timbered land: together with forty-five and a half acres, being part of said two square miles, including the buildings and improvements, then owned by said Johnson, four acres of which was to be on the "point". These lands as afterwards definitely located, were a tract of forty-one and a half acres. bounded north by Seneca street, west hy Washington street. and south by the little Buffalo creek; the other tract was hounded, east by Main street. south-Westerly hy the Buffalo creek. and north-Westerly hy little Buf- falo creek. containing about four acres.

"In the spring of 1798, when the surveys of the Hol- land Purchase first commenced, all the travel between the Phelps and Gorham tract and Buffalo was on the old Indian trail: the winter previous, however, the Legislature of this State passed an act appointing Charles Williamson a commissioner, to lay out and open a State road from Cannewagus on Genesee river to Buffalo creek on Lake Erie, and to Lewiston on the Niagara river. To defray the expense of cutting out these roads, the Holland Company subscribed $5.000. Mr. Williamson laid out and established the roads in 1798. generally adhering to the course of old Indian trails: but they were not opened throughout according to contract, under his superintendence. The first wagon tract opened upon the Holland Purchase, was by Mr. Ellicott, as a preliminary step in commencing operations, early in the season of '98. He employed a gang of hands to improve the Indian trail, so that wagons could pass upon it, from the east transit to Buffalo creek. In 1801 he opened the road from transit line as far west as Vandeventer's. The whole road

was opened to LeRoy before the close of 1802" .-- (Turner).

It is interesting to know that Aaron Burr and Alex- ander Hamilton were in '98, both contractors for lands west of the Genesee river: the former for a tract upon the Holland Purchase. The following letter would indi- cate that Mr. Burr, regarded himself at its date, a land proprietor in this region :-

5 May, '98.

Sir-From the copy which you lately sent me of Mr. Ellicott's survey, it would appear that the Tonawanta Bay falls within my traet on Lake Ontario. If this Bay is as large as hath been represented to me. it ought not to be estimated as land, because it cannot belong to your company, and after any sale, will still be the property of the public. It will be necessary therefore, that Mr. Ellicott ascertain the figure and superficial contents of this Bay, which will enable us to determine the propriety of considering it as land. I am, respectively, your obd't serv't. Th. Cazenove, Esq'r. A. BURR.

"Mr. Burr had made the contract for the purchase of the tract, at twelve shillings per aere at an early period of Holland Company ownership. The transac- tion was blended with other land speculations, and eventually the purchase was abandoned. Out of it, however, had originated a bond for $20,000, which was given up. The surrendering of the bond gave rise to reports that Col. Burr had been bribed by the agents of the Holland Company to favor the passage of the alien bill in our State Legislature-the one allowing foreigners to hold real estate. John B. Church, Esq .. had in some way identified himself with this report. lle received a challenge from Cul. Burr: the parties met at Hoboken, exchanged an ineffectual shot: Mr. Church apologized; and thus ended the land specula- tion and the duel" .- (Turner).

"The first crops raised upon the Holland Purchase were at the Transit Store House. In the spring of '99, Alr .James Dewey was waiting there with a gang of hands to start upon a surveying expedition as soon as the weather would permit. At the request of Mr. Brisbane, he cleared ten aeres upon either side of the present road, twenty rods west of the transit. which was mainly sowel with oats, though some potatoes and garden vegetables were planted. The early tavern keeper there. Mr. Walthers, reported by letter to Mr. Ellicott, that the vield was a good one, and fully dem- onstrated the goodness of the soil of the region he was surveying for settlement.

"In the summer of 1799, there not being a house erected on the road from the eastern Transit line to Buffalo, Mr. Busti, the Agent General of the company, authorized Mr. Ellicott by a letter dated June 1st, 1799, to contract with six reputable individuals, to locate themselves on the road from the eastern Transit to Buffalo creek. about ten miles asunder, and open houses of entertainment for travelers, at their several locations, in connection of which, they were to have a quantity of land. from fifty to one hundred and fifty acres each, 'at a liberal time for payment, without interest. at the lowest price the Company will sell their lands, when settlements shall be begun.'

"Three persons accepted of this offer, to wit, Fred- erick Walthers who was then residing on the land, took 150 acres in township number twelve, range one. west of and adjoining the eastern Transit, including the Company's store house, and being where the vil- lage of Stafford now stands. Asa Ransom located him- self Sept. Ist, 1799, on 150 acres, in township 12, range 6. at what is now known as Ransom's Grove, or Clarence Hollow. Garritt Davis located himself Sept. 16th, 1799, in township number 13. range 2, on 150 acres on the south line of said township, and east of and adjoining the Tonawanda Indian Reservation. (the Buffalo road then run through the reservation, some distance north of its present location.) These lots were severally laid out and surveyed for the purchas- ers before the several townships in which they are located were surveyed. These three persons erected and furnished comfortable houses for the purposes intended, as soon as practicable: which although not as splendid, yet were more eagerly sought, and cheer- fully enjoyed by the forest traveller and land explorer. than any of the 'Astor Houses', 'Americans", or 'Eagles' of the present day.

"With the exception of those residing at Buffalo, Mrs. Garrett Davis and Mrs. Walthers, were the pioneer women upon the Holland Purchase. In 1800. Asa Ran- som and Garrett Davis raised summer crops, which

262

CHAUTAUQUA COUNTY AND ITS PEOPLE

were "con, to the @ raised at the Transit Store House the year before" .- (Turner).

"On Nov. 26th, 1800, Mr. Ellicott was at Albany on his way west, fr. m which place he informs Mr. Pusti by I tter that he had issued handbills, offering a part of the Holland company lands for sale, and that he is informed that many purchasers are awaiting his ar- rival. On the 17th of December he had arrived at Canandaigua, from which place he writes Mr. Busti that he is informed that land sales in that region were bri k. the sales of the season having amounted to more than in any five seasons preceding. A portion of the handbill to which Mr. Ellicott alludes is copied. The i suing of it was the important step in the com- meneement of the settlement of the Purchase :-

HOLI AND LAND COMPANY WEST GENESEO LANDS-INFORMATION.

The Holland Land Company will open a Land Office in the e.seing month of September. for the sale of a portion of their valable lands in the Genesee country, State of New York, situate in the last purchase made of the Sencea Nation of Indians, on the western side of Genesee river. For the convenience of applicants, the Land Office will be established near the center of the lands intended for sale, and on the main road, leading from the Eastern and Middle States to Upper Canada, Presque Isle in Pennsylvania, and the Connecticut Riserve. Those lands are situate, adjoining and con- tiguous, to the lakes Erie, Ontario, and the streights of Niagara, possessing the advantage of the navigation and trade of all the Upper lakes, as well as the river Saint Lawrence, (from which the British settlements derive great advantage). also intersected by the Alle- gany river, navigahle for boats of 30 or 40 tons burthen. to Pittsburgh and New Orleans, and con- tiguous to the navigable waters of the west branch of the Susquehannah river, and almost surrounded by settlements, where provision of every kind is to be had in great abundance and on reasonable terms, ren- ders the situation of the Holland Land Company Gene- see Lands more eligible, desirous, and advantageous for settlers than any other unsettled traet of inland country of equal magnitude in the United States. The greater part of this tract is finely watered (few excep- tions) with never failing springs and streams, afford- ing sufficiency of water for gristmills and other water works. The subscriber, during the years 1798 and 1799, surveyed and laid off the whole of these lands into townships, a portion of which, to accommodate pur- chasers and settlers, is now laying off into lots and tracts from 120 acres and upwards, to the quantity contained in a township.

"The lands abound with limestone, and are cal- culated to suit every description of purchasers and set- tlers. Those who prefer land timbered with black and white oak, hickory, poplar, chestnut, wild cherry, but- ternut, and dogwood, or the more Inxuriant timbered with basswood or lynn, butternut, sugar-tree, white ash, wild cherry, cucumber tree, (a species of the mag- nolia.) and black walnut, may be suited. Those who prefer level land, or gradually ascending, affording extensive plains and valleys, will find the country adapted to their choice. In short, such are the varie- ties of situations in this part of the Geneseo country. every where almost covered with a rich soil, that it is presumed that all purchasers who may be inclined to participate in the advantages of those lands, may seleet lots from 20 acres to tracts containing 100,000 acres, that would fully please and satisfy their choice. The Holland Land Company, whose liberality is so well known in this country, now offer to all those who may wish to become partakers of the growing value of those lands, such portions and such parts as they may think proper to purchase. Those who may choose to pay cash will find a liberal discount from the credit price."-(Turner).

The whole of the lands of the Dutch proprietors within the State of New York were originally purchased for their account from Robert Morris, and conveyed for their benefit to trustees. The old statutes of the State of New-York forbade an atien to acquire a title in fee simple to any lands within the State, whereupon repre- sentations in favor of the Dutch proprietors having been made to the Legislature, appropriate action was taken by that body to secure the titles to the purchasers from Robert Morris and his assigns. "On 11th April, 1796, a special act was passed for the relief of Wilhem Wil-

link, Nicholas Van Staphorst, Christian Van Eeghen, Hendrick Vollenhoven and Rutger Jan Schimmelpen- ninck, which was succeeded by a supplementary act passed 24th February, 1797, including the names of Jan Willink, Jacob Van Staphorst, Nicholas Hubbard, Pieter Van Eeghen, Isaac Ten Cate, Jan Stadnitski and Arenout Van Beeftingh. By these two acts the trustces were author- ized to hold the lands which had been contracted and paid for by all or any of the above named individuals, and for the period of seven years to sell the same to citizens of the United States; declarations describing the lands so held, being filed in the Secretary's office by the Ist of July, 1797. Such declarations were made and filed accordingly. Under the general alien act of the 2nd April, 1798, the titles were afterwards vested in the names of the Dutch proprietors by new conveyances as specified in the Abstracts Nos. II and V.

"By this general act, which was to continue for three years, all conveyances to aliens, not being the sub- jects of powers or States at war with the United States, were declared to be valid, so as to vest the estate in such aliens, their heirs and assigns forever. The construction of this act was settled by a declara- tory act passed 5th March. 1819, by which it is declared and enacted that all conveyances made to aliens under the act of 2nd April, 1798, should, and as to anv ques- tion or plea of alienism be, deemed valid, and affectual to vest the lands thereby conveyed in the several gran- tees. so as to authorize them and their heirs and as- signs. although aliens, to devise or convey the same to any other alien or aliens, not being the subjects of a power or State at war with the United States.

"It appears from the abstracts that all the lands of the Company were conveyed by the trustees to Paul Busti, of Philadelphia, an alien. The resign of this conveyance, it is presumed, was merely to change the title of the trust estate to the hands of Busti, who was general agent for the Holland proprietors.

"It will be noted that all the confirmatory deeds of Thomas L. Ogden to the grantees of all the convey- ances made by Robert Morris were made necessary to quiet the title to the lands after the two judgments against Morris were rendered, and they were sold at sheriff's sale" .- (S. Gould).

"The price paid for the lands by the Company, we are informed, was 32 cents per acre. The price at which the early sales were made, was abont $2. being varied, more or less, hy the location and quantity sold. The books of the Company show the price in this county (Chautauqua) to have been about $2.50 an acre. This price, after deducting the cost of surveys, and the expenses of the land offices, would seem to have left to the Company a large profit. Yet the opinion has extensively prevailed, that cash sales at what is usually termed the 'government price', would have been better for the Company.

"It has often been remarked, that by holding the lands at the high credit prices, eastern emigrants hav- ing money were attracted to the Western states, across the Holland Purchase, to get cheap lands, thus retard- ing the settlement of the purchase, and leaving its lands to be occupied by the poorer class of emigrants. But many are not aware that the price of the public lands, at the time when the Holland Company com- menced their sales, was about the same as the price of lands on the purchase. The common price of govern- ment lands in Western States was $2."-(Young).

The books of the Holland Company show remarkably slow progress of payment by purchasers of lands. A large portion of them must have forfeited their claims. It appears that, at the expiration of ten years, those who had paid little or nothing, were charged with "increase of purchase money," which was a sum added to the sum re- maining unpaid. To what extent this was done in this (Chautauqua) county, does not appear, as many of the older books were destroyed at Mayville by the memorable conflagration at that place in 1836. The increase charged was, in many instances, nearly equal to, and in a few even greater, than the sum due on the contract.

Some assistance was rendered the settlers in making payments, by the offer of the Company to receive cattle on their contracts. Agents were sent once a year to cer-

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History of Chautauqua County, New York, and its people, Volume I, Part 55

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