History of Chautauqua County, New York, and its people, Volume I, Part 58

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

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CHAUTAUQUE LAND OFFICE, Westfield, Feb. 13, 1837.

EIGHT Hundred Deeds have this day been received at this office, and are ready for delivery. These deeds include all those which are due on transactions at this office prior to the 28th day of December last. Deeds due on transactions on and subsequent to that day, are in preparation and will be ready for delivery as early as the 1st day of March next. W. H. SEWARD.

An advertisement will he found in this paper from the Land office, which is intended as a last notice to the few who have taken no notice of the terms offered heretofore by the company: and we have no doubt that those who do not attend to this will be proceeded against in a legal manner. It is no more than justice that they should be. While some have toiled and undergone many privations and have been thus en- abled to pay for their lands, others in similar cir- cumstances have drawn their subsistence from year to year, from the soil on which they have located without caring whether it was ever paid for or not. We know of one instance in a neighboring town where an indivdual has a well cultivated farm for which he has had no sort of a title for the last twenty years. The neighbor of such a man, who has toiled and paid for his farm, has reason to complain that even handed justice has not been done .- From the Fredonia Cen- sor, August 9, 1837.

CHAUTAUQUE LAND OFFICE, Westfield. August 1. 1837.

LAST NOTICE .- The Estate of which the subscriber has the charge in this office. consists of Wild Lands remaining unsold. Reverted Lands either partially im- proved. or altogether unimproved. Improved Lands held under contracts which were made by the suh- scriher within the past year and will expire on the first day of January next, and Bonds and Mortgages on Improved Lands.

1. Wild Lands .- The entire quantity of Lands re- maining unsold is about 30.000 acres, all of which lie in towns chiefly settled and are accessible by roads and surrounded by improved farms. These Lands will be sold at prices varying from $3 to $7 per acre. 25 per cent. of the purchase money to be paid at the time of sale. For the residue of reasonable credit will be given.

2. Reverted Lands .- In this description are included all Lands held under contracts on which any default has been made, whether the time limited for the last payment has expired or not. On opening the office, the subscriber offered to renew all contracts outstand- ing with few exceptions, and required only that the occupant or person holding the article should pay, or assume to pay, only the principal and interest due, and in order to deprive every occupant of all excuse he of- fered to renew the same in some form, with or without any sum of money paid in advance. The time limited for complying with these propositions expired on the first day of January last. Solicitous not to produce any unnecessary loss or injury to applicants. the subscriber extended this period to the 15th day of February last, and due notice was published throughout the county, that after that time no further forbearance could be given. Nevertheless the subscriber continued to renew contracts on the same terms until the 15th of March last. When. still unwilling to adopt the rigorous measures which would then have been justifiable. he addressed a notice through the Post-office to every delinquent occupant in the county, informing him of the terms that had been offered, and distinctly advis- ing him that any further presumption on the for- bearance of this office would be sure to result in con- sequences as unhappy as it was then easy to prevent them.

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THE HOLLAND LAND PURCHASE

Notwithstanding all this liberality on the part of the subscriber, and these repeated notices, there remains outstanding a small number of such contracts. It is obvious that further forbearance would have a ten- deney to encourage further supineness or obstinacv. while it is as certain that it would derange the husi- ness of this office, as it is that it would give to the dishonest or wilfully careless occupant, an umlie ad- vantage over the great number who have complied with the reasonable requirements of the offer All such persons must now he prepared to expert that the subscriber will be as firm in insisting upon what is just and reasonable as he has been solicitous that those interested should have the benefit of the terms heretofore offered.

Fe therefore gives notice that he holds himself no longer hound to fulfil or renew such articles in any shape That all such Lands are hereby offered for sale to any applicant, and that he shall in all such cases, when it shall seem most expedient. immediately institute action on the contract to recover the moneys secured thereby or actions of ejectment, to recover the possession of the Land, at his own election. Never- theless, he is desirous and willing to afford the same reasonable terms as heretofore to such as shall apply before such rigorous measures shall have been adopted. But all expenses hereafter incurred in relation to such Lands will be added to the purchase money.

3. Contracts made by the subscriber, and which will expire on the first day of January next, will be re- newed by Deed, Bond and Mortgage, on the payment of one dollar per acre. and punctual payment of that sum will he expected.

4. Punctual payment will hereafter be expected upon all Bonds and Mortgages according to the terms thereof.

In regard to all moneys secured to this office rea- sonahle forbearance may always be expected according to the circumstances of the case, proviled such cir- cumstances are made known but no such indulgence is to be presumed upon without express application for that person. W. H. SEWARD.

CHAUTAUQUE LAND OFFICE,

Westfield, October 20. 1837.

The following modifications have been made in con- sequence of the deranged condition of the currency of the country.

1. Hereafter, no Bank bills will be received in pay- ment at this office, except Safety Fund bills and such other notes as are not at a greater discount in the city of New York. than one and a half per cent. below the par of Safety Fund bills.

2. In order to afford a necessary facility to persons indebted to this office, uncurrent Bank notes will be received from them as a special deposite. Such paper will be forwarded as soon as conveniently may be to Buffalo, and will there be sold and the nett avails in Safety Fund Bank notes after all expenses and charges will be placed to their credit In the books of the office. Neither this office, nor any person con- nected with it, will receive in any shape any compen- sation, profit or discount upon such paper; nor will It be received on the above terms from any person not indebted to the office, or for any other purpose than to realize a payment actually due. And to guard against all abuses the account of sales will be exhib- ited to persons interested.

3. Bonds and Mortgages hereafter to be taken, will if preferred by the Mortgager. be made payable in ten equal annual installments commencing on the first day of January, 1838, with the semi-annual payments of interest on the first days of January and July in each year.

4. The like extension will. if desired, be made on all unexpired Bonds and Mortgages remaining in the office, provided the interest is fully paid on or before the first day of January next.

5. Contracts expiring on the first of January next. will be renewed by Deed. Bond and Mortgage for ten years as above, or will be extended until the first day of January, 1839, on the payment of fifty cents per acre Instead of one dollar as hefore contemplated.

6. In order to afford these liberal terms in the pres- ent deranged condition of the currency. the subscriber must insist upon punctual payment of the interest ac- cording to agreement on all debts due at this office. W. H. SEWARD.

As has been stated before, when the news spread that the Dutch proprietors had sold out to Cary, Seward, Lay and Schermerhorn, the settlers became greatly excited over the rumors that a stringent policy was to be adopted

and enforced by the new proprietors in regard to all delinquencies of those who had been unable to keep up their payments and interest. We see, too, in the "Gene- see Tariff" a substantial indication of this change of policy, and if it had remained in force more serious con- sequences and riots might have occurred than the May- ville episode. Whatever the foundation the settlers may have had upon which to build their fears, the burning of the land office in Mayville and the incipient riot in Batavia had such a disturbing effect upon the new owners that they immediately started a movement to quiet all agi- tation.

The proprietors selected Mr. Seward as the one who could deal most justly ard tactfully with the settlers. His "policy", as quoted above, was most liberal in its terms and was received by the people as a generous aid to them in their struggles to become freeholders. The history of Mr. Seward's tenure of office has proved the wisdom of his selection.

A memorandum, unsigned hut probably written by Mr. B. J. Seward, a brother of Mr. W. H. Seward, as the writing is quite similar to that of other memoranda signed by him, is given below for the interesting though brief description it gives of Chautauqua county at the beginning of its active constructive period :

The area of the County of Chautauqua is about 1017 Sqr. miles or 650,620 acres.

It is divided by the original survey of the Holland Land Company into six Ranges six miles wide extend- ing from Pennsylvania line North to Lake Erie.

Those Ranges are subdivided into Townships six miles Sqr.

Those Townships are again subdivided into lots three fourths of a mile Sqr. containing about three hundred and sixty acres each.

The settlement of this county was commenced in 1809 & a Land office and agency established at May- ville hy the aforesaid Company the then proprietors.

They sold their Lands at from $2.00 to $2.50 $3.00 per acre.

They gave a credit of six & eight years requiring the settler to pay a small advance, & the balance in annual installments.

The County has heen principally settled by men with no capital other than their own industry & perhaps a small sum of money sufficient to pay the required advance.

They have been enabled under the aforesaid liberal policy to clear, improve & thereby enhance the value of their farms-while at the same time they realized from the very soil purchased sufficient means to pay for & procure a good and unencumbered title to about 400.000 acres or about 4/6 of all the Lands comprising said County.

In 1835 the aforesaid proprietors sold all their inter- est in said Lands to the Chautauque Land Company (so called) who in 1836 established a Land Office & agency at Westfield in said County.

Where they are now selling of and offer for sale about forty thousand acres of the aforesaid Lands, at the following low prices & on the following liberal terms-to wit-from $4 to $4 50 & $5.00 per acre, 50 cents per acre advance, the balance payable in eight equal annual installments.

The aforesaid prices were fixed by Mr. Lews, a gen- tleman who was employed by the said Company ex- pressly on account of his thorough knowledge of the quality of Land & its local & relative advantages.

They have also procured partly from the same source & partly from individuals residing in the im- mediate neighborhood of their Land a general descrip- tion of the soil, timber & water & its relative situation to Schools, roads, niills and other privileges-Which is kept at this office as a Sales Book or for the inspec- tion of those wishing to purchase.

Those Who have capital & are anxious to invest it where it will net them fifty per cent-& those without capital who wish to purchase a farm for $400 or $504 & pay for it with the products of their own labour, derived from the same soil-Which can be done under the aforesaid liberal terms, as past experience in the settlement of this County has amply shown & which when so paid for will be worth from $3000 to $4000 will do well to apply immediately & locate & make their purchases-as the said Company have sold at the

270

CHAUTAUQUA COUNTY AND ITS PEOPLE

aforesaid prices about 20,000 acres of their Lands since 1836-& as they are rapidly increasing in value- which is very obvious when we take into the account their relative and local advantages.

The County is situated on Lake Erie with their com- modious Harbours for the transportation of the pro- ducts of the County to, & the importation of merchan- dise &c from the Eastern markets are rendered cheap & easy.

The Southern portion of the County abounds in ex- tensive forests of White Pine, which is when converted into Lumher floated down the tributaries of the Alle- gany, that River & the Ohio to the Southern markets, the proceeds of which furnish a semiannual income of from $150.000 to $200,000.

The soil along the aforesaid Lake from one to four miles wide is a border of Rich alluvium & produces all kinds of grain in abundance.

The interior & Southern portion of the County is ele- vated from 700 to 1000 feet ahove the level of the said Lake. This upland is generally a moist loam, & better adapted to grazing than any other County in this State of New York. To establish this fact it is only necessary to know that there are annually driven out of this County from 9000 to 10,000 head of neat cattle.

In 1838, Mr. Seward was nominated for the office of governor. A few weeks after, it was insinuated by an anonymous correspondent of a county paper, that "The bonds and mortgages of the settlers of Chautauqua county are now in Wall street, New York; that some Trust Company has a deed of all the lands of the set- tlers; that through the agency of Nicholas Biddle and others, William H. Seward has raised money in Europe at an interest of five per cent. while he demands seven per cent. from you, (the settlers) ; and that he and his associates pay interest annually, and extort interest from you semi-annually."

These accusations, as might be expected during an election campaign, were copied into leading papers of the party opposed to Mr. Seward's election, with numer- ous additional accusations : "having violated his agree- ment with the settlers; sold their mortgages to soulless corporations, which would demand payment the moment they expired:" that their "farms would be sold on mort- gage for half their value, and Seward, a wealthy and heartless speculator by trade, would be the purchaser, and thus rob the poor settlers of millions of their hard earnings."

A few weeks after the publication of these accusa- tions, Mr. Seward addressed the citizens of Chautauqua county, through the press of the county, defending him- self against what he called "misrepresentations of fact and injurious inferences." Regarding it as having a legitimate connection with the history of the Holland Purchase, and especially that portion which is embraced within the bounds of Chautauqua county, a large por- tion of it is here copied as a part of our county history :

"Compelled by ill health to relinquish my profession, it seems to me that I might, without wrong or injury to you, contribute to restore peace, harmony and pros- perity in that flourishing region of the state where so much unhappy agitation prevailed. * * Nor did it appear to me morally wrong to receive from the purchasers an adequate compensation for my serv- ices. The compensation tendered, as an equivalent for the not unprofitable pursuits which I abandoned, was invested in the purchase.

"The llolland Company reposed in me the extreme confidence of constituting me their agent. although I was a purchaser under them; and it is due to them and the proprietors to say, that without even the pre- Mious formality of an agreement in writing, or other instrument than a letter of attorney, I went among you to undertake the agency you desired should be established.

"It was known to me that the Holland Company in- sisted upon its payments; and these could only he made by raising a loan in Europe or elsewhere, to meet their demands sooner than they could be col- 1

lected from you, without intolerable oppression. therefore stipulated with the American Trust Com- pany, before commencing my agency, that as soon as

the liquidation of the debts by bonds and mortgages could be effected. and the monetary affairs of the country would permit, they should advance me their bonds for the amount. I secured also an understand- ing with the Holland Company, that they would favor the proprietors and settlers, until I could accomplish this preliminary settlement and security.

"Thus prepared, I opened an office, and invited the settlers to liquidate their debts, and quiet all alarm. as well about the title of their lands, as the terms andt conditions of their credit, by taking deeds and exe- cuting bonds and mortgages for the purchase money. In less than eighteen months. four thousand persons whom I found occupying lands, chiefly under expired and legally forfeited contracts of sale, and excited and embarrassed alike by the oppression and uncertainty of ever obtaining titles, and anticipated exactions upon their contracts-became freeholders-upon the terms at their own option either of payment of their pur- chase money, or payment of a convenient portion thereof, and a credit of five years for the residue.

"When the occupant could not pay an advance, and his improvements were insufficient to secure his debt. his contract, no matter how long expired, was renewed without any payment. It was always, as you well know, a principle of my agency, that no man could lose his land by forfeiture, if he would but agree to pay for it in five years. There was none so poor that he could not secure his 'farm and his fireside.' I think, too, you will recollect, that to the sick and infirm, 1 invariably sent their papers for securing their farms; to the indigent, the money to bear their expenses to the land-office; and since I am arraigned as a 'soulless speculator', I may add, that to the widow, I always made a deduction from the debt of her deceased hus- band. To the common schools I gave lands gratui- tously for their schoolhouses. From the time I came first among you to this period, I have never refused any indulgence of credit and postponement that was asked at my hands.

"When I found a few persons (as there must neces- sarily be some) who were obstinate in refusing terms generally esteemed so liberal, I appealed to them first through the public newspapers. then by letters through the post office; and finally by a message sent directly to their houses. When these efforts failed to arrest their attention, and in a few cases legal proceedings or forfeitures were necessary, I uniformly conveyed the land upon the same terms as if the occupants had earlier complied with the terms which their fellow- citizens deemed so reasonable and liberal.

"Thus contentment was universally diffused among you, when the pressure of 1837 fell upon you, and ine. and the whole country. Foreseeing many cases of embarrassment, in making payment on your bonds and mortgages in that season of scarceness of money, I immediately issued a notice that the first payment of principal would be dispensed with if the interest should be paid. Having then obtained a definite propo- sition from the American Trust Company, that an ad- vance to the proprietors should be upon a credit of ten years, with semi-annual interest, I immediately an- nounced to you the welcome and unexpected proposi- tion to extend your bonds and mortgages for the same period and upon the same terms. This proposition has been generally accepted, and is yet open to all.

"On the 11th of July, 1838, after two years' con- tinued notice that the title of the Holland Company would pass from them to the proprietors or their trustees, the improved condition of the estate and the returning prosperity of the country, enabled me to conclude my arrangement with the American Trust Company. That institution advanced to me its bonds for the amount owed by you to the proprietors, and by the proprietors to the Holland Company; and I paid them over to John Jacob Vanderkemp, agent of the Holland Company, at a sacrifice to my associates and myself, in discharge of their whole demands. Desirous to secure you against all possible inconvenience from this arrangement, it was agreed that the estate should remain as before under my agency; and the title of the lands, bonds, mortgages and contracts, was vested by a deed in myself and two others as trustees, to con- tinue the settlement of the estate for the benefit of the proprietors and the security of the American Trust Company. This deed was immediately placed on rec- ord in Chautauqua county. The agreement between the parties stipulates that my agency, in person or by my own appointment. shall continue three years; and that payments made by you in Chautauqua county shall be credited as soon as paid there. The bonds, mortgages and contracts remain under this arrangement in the Chautauqua land-office, whence they have never been removed.

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THE HOLLAND LAND PURCHASE

"In this transaction the Bank of the United States has had this agency; the general agent of the Holland Company has always kept his accounts and deposits with that institution, and his remittances were made through it. The payments from the Chautauqua office, like those of all the other offices on that tract, pass through the same institution. It received the bonds of the American Trust Company at a discount stipu- lated by me, and paid for them by a certificate of de- posit to Mr. Vanderkemp, payable at six months.

"From this explanation it appears that your bonds and mortgages are not in Wall street, nor in the Bank of the United States, but where you have always found them-in the Chautauqua land-office.

"That no Trust Company, foreign or domestic, has a deed of your lands; but that the title of the lands of the state, and your securities, is vested in myself and my associate trustees, citizens of this state, instead of Wilhem Willink, Walrave Van Heukelom, and others in Europe:

"That neither through the agency of Nicholas Bid- dle, nor otherwise, have I borrowed money in Europe or elsewhere, at 5 per cent., and loaned it to you at 7 per cent., but that instead of demanding from you immediate payment of your indebtedness to the Hol- land Company, I have borrowed the money upon your credit and that of the proprietors, and for your benefit and ours. upon a term of ten years, at 7 per cent., of which you have the full benefit:

"That the proprietors do not exact semi-annual in- terest while they pay annually; but while they pay interest semi-annually, you pay annually or semi- annually, at your own option:

"That your 'farms and firesides' have not been put in jeopardy hy me, but in just so much as a deed subject to a bond and mortgage, with ten years' credit, is a more safe tenure, than an expired and forfeited con- trect of sale, they have been secured to you:

"And that you have not been delivered over to a 'soulless corporation', but that your affairs have been arranged so as to secure you against any possible ex- tortion or oppression in any quarter; and your bonds and mortgages are more certainly accessible to you for payment than before the arrangement was made.

"I have only to add, what you well recollect, that in all the settlement of this estate, no cent of advance upon your farms, or compound interest, or of costs upon your debts, has gone into my hands, or those of any other proprietor. That no man has ever lost an acre of land which he desired or asked to retain, with or without money; no bond, mortgage, or contract, has

been prosecuted for principal or less than two years' interest; no proceedings of foreclosure have ever heen instituted when the occupant would pay a sum equal to one year's interest; and every forfeiture has been relinquished upon an agreement to pay the principal and interest due.

"To the people of Chautauqua county of all political parties, this statement is due, for the generous confi- dence they have reposed in me, and the hospitality they have extended to me. It is required, moreover, by a due regard for their welfare, since their prosperity must be seriously affected by any discontents about their title and security. It is due to the harmony and contentment of their firesides. And if it needs other apology, it will be found in the duty I owe to others; for. however willing I may be to leave my own conduct to the test of time and candor, 1 can not suffer their in- terests to be put in jeopardy.

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History of Chautauqua County, New York, and its people, Volume I, Part 58

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