USA > New York > Chautauqua County > History of Chautauqua County, New York > Part 15
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Article ist. That as soon as these articles are signed, interchangably by the aforesaid chiefs and commissioners, the said chiefs will execute a deed of conveyance to the state of Pennsylvania for a tract of country as hereafter shall be described.
Article 2nd. The signing chiefs do acknowledge the right of the soil and jurisdiction to, in and over that tract of country bounded on the south by the north line of the state of Pennsylvania, on the east by the west boundary of the state of New York, agreeable to the cession of that state and the state of Massachusetts to the United States, and on the north by the margin of Lake Erie, including Presque Isle and all the bays and harbors along the margin of said Lake Erie, from the west boundary of Pennsylvania to where
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the west boundary of the state of New York may cross or intersect the south margin of the said Lake Erie.
Irtide 3rd. The said chiefs do agree that the said state of Pennsylvania shall and may at any time they may think proper, survey, dispose of and set- the, all that part of the aforesaid country lying and being west of a line run- ning along the middle of Conawago river from its confluence with the Alles gany river into the Chadochque lake, thence along the middle of the said lake to the north end of the same thence a meridian line from the north end the said lake to the margin or shore of Lake Erie.
Irtide 5th. That as several villages belonging to the signing chiefs and their people are now living on the said Conowaga creek and in other parts of the country supposed to be within the traet of country west of the west line of the state of New York and east of the line through the waters as described in the third article. And as they have no country to remove to from where they now live, the said chiefs do reserve for their own and their people's residence, hunting and fishing, all that part of the tract of country described in the second article, passing from the Allegany river along the middle of the Conowago creek, the Chedocque lake and a meridian line from the north end of said lake to Lake Erie.
.Article 7th. " The said Richard Butler and John Gibson, Esquires- - do agree to the aforesaid articles -- and-that the aforesaid chiefs and the people of their tribes, shall have full and peaceful liberty to hunt and fish within any part of the country first above described, they demeaning them- selves peaceably towards the inhabitants. But the said chiefs or their suc- cessors, shall not at any time hereafter, directly or indirectly, lease, rent or make sale of any part or parcel of the tract here reserved for their use and residence, to any other state, person or persons.
" In testimony of the above articles- - " In presence of RICHARD BUTLER, (1 .. S.) JOHN GIBSON, (" .. S.)
AR. ST. CLAIR, (AND SEVEN OTHERS. ) CACHUNWASSE, (1 .. S.)
(SENECA, ) OR TWENTY CANOES, ) (AND TWENTY-TWO OTHER INDIANS.)
A deed of the land- was afterwards executed by Cornplanter and 23 other chiefs. It is evident that it was then supposed that a considerable portion of Chautanqua county was within the Erie Triangle as the meridian line forming the western boundary of New York had not then been surveyed. The language of the agreement strongly ind cates that there was at that time more than one Indian town within the limits of Chautauqua county. Besides Kiantone there was then perhaps Indian settlements at Bemus and Griffith's points. Commplanter took a leading part in the negotiation and used his influence in favor of the ce sion of the territory of the state, but a majority of the Iroquois led by the Mohawk chief Brant were bitterly opposed to it. Brant was in favor of restricting the whites to the territory lying east of the Allegany and Ohio, and the settlement of the Triangle was never fully acquiesced in by the Indians.
In 1789 Andrew Ellicott was appointed by President Washington to make
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the survey of the west line of New York and the Triangle which Pennsylva- nia proposed to purchase of the United States. The work was commenced in January 1790, and completed in October. But few details are known of this survey as the notes and papers relating to it are lost.
As the west boundary of New York was a meridian line drawn through the western extremity of Lake Ontario, it was necessary that the surveyors should proceed to this point which was in the British dominions. Andrew Ellicott, accompanied by his brothers Joseph, afterwards the chief surveyor of the Hofland Land Company, and Benjamin Ellicott, Gen. Israel Chapin and Frederick Saxton arrived at Fort Niagara. Although this was many years after the close of the Revolution this post was still in the possession of the British. The officer in command at first haughtily refused to premit Major Ellicott to enter British territory but the privilege was finally granted. It is probable that after taking the longitude of the west end of the Lake Ontario, Ellicott surveyed eastward to the Niagara river and then traversed that river upon the Canadian side to Lake Erie. While making the traverse the party made the first actual measurement of Niagara river, the height of the grand falls, the descent of the rapids and of the river from Lake Erie to Lake Ontario, which measurements were acknowledged authority for many years. Ellicott then traversed the east shore of Lake Erie passing along the coast, the northern limit of Chautanqua county, until he arrived at a point which computations from his measurements showed him to be in the longitude of his starting place. Having verified his position, he ran the meridian line sonth to the 42nd parallel of latitude. The point of intersec- tion of these lines made the southwest corner of the state of New York. He marked each mile by a stone monument or a wooden post. An initial monti- ment was erected by him near Lake Erie, oa which was placed this inscrip- tion: On the east side, "Meridian of the west end of Lake Ontario, state of New York, 18 miles and 525 chains from the northern boundary of Pennsyl- vania, August 23, 1790 ;" on the west side, " Territory annexed to the state of Pennsylvania. North latitude 42°, 16', 32"." The variation of the needle was marked upon this monument as having been 25' west. The declination of the needle at the same point in 1890 was 3°, 55' west, a change in the declination of 30, 30" in just a century. The instruments used were a tran- sit and an equal-altitude instrument, the : a ne used by Ellicott in laying ont the District of Columbia and running the pri cipal avenues of the city of Washington and fixing the boundary line between the United States and the Spanish possession, Florida. The initial monument having been partly destroyed, and what remained of it endangered by the encroachments of Lake Erie, it was replaced in pursuance of an act of the legislature, with appro- priate ceremonies, September 15th, 1859, by a new monument, placed 440 feet south of the original monument, composed of Quincy granite, two feet
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HISTORY OF CHAUTAUQUA COUNTY, N. Y.
wide and about eight inches thick. It has on its east and west faces a copy of the inscription on the corresponding faces of the original monument, and on its north and south faces the following inscription : "North face, 1869, latitude of this state, 42º, 15', 56" 9 ; longitude, 79°, 45', 54" 4. Variation, 2º, 35' west. South face, 1869. Erected by the states of New York and Pennsylvania, 44o feet south of a monument now dilapidated, on which were the incriptions on the east and west faces of this monument." William Evans represented Pennsylvania and John V. L. Pruyn, George R. Perkins, S. B. Woolworth and George W. Patterson, represented New York.
In 1878 the same commissioners who made the examination of the south- ern boundary of New York examined the western boundary at various points upon the original line. They found the northern portion of the line to have been very carefully run and found to vary but slightly from the meridian. They erected a monument in the meridianal boundary 100 feet north of the southwest corner of the state.
The traverse of the shore of Lake Erie was made by Seth Pease in 1798. The survey of the eastern boundary of Chautauqua county, which is the meridian line between the 9th and 10th ranges of townships, was made by Amzi Atwater in 1798. The survey of the boundary lines of the Indian Reservation on Cattaraugus creek was also made by Augustus Porter in 1798.
CHAPTER XIV.
THE HOLLAND LAND COMPANY.
W E HAVE now traced the fee of the soil in western New York from its first English proprietor the Plymonth Company, down to the state of Massachusetts. The claims of the French to ownership of the land as well as sovereignty over it, was disposed of by force of arms, that of Pennsylvania by the amicable adjustment of boundary lines, the claim of Connecticut was repudiated and successfully resisted in the courts, while the claim of Massachusetts was settled by a treaty by which she was vested with the ownership of the western part of New York, retaining civil juris- diction and sovereignty over it. It remains to be considered what disposition was made of the Indian title to these lands.
In April, 1788, Massachusetts contracted to sell to Oliver Phelps and Nathaniel Gorham all of its lands in western New York for $1,000,000. In July of that year a treaty was made with the Indians by Phelps and Gorham at Buffalo by which they purchased of the Indians their right to 2,600,000,
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acres of the eastern portion of these lands, bounded west by a line beginning at a point in the north line of Pennsylvania due south of the point of land made by the confluence of Canaseraga creek with Genessee river ; thence north on said line to the point of confluence of the Genessee and Canaseraga aforesaid ; thence northwardly along the Genessee to a point two miles north of the Canawagus village ; thence west 12 miles ; thence northwardly, so as to be 12 miles distant from said river, to the shore of Lake Ontario. The eastern boundary was the line of Seneca lake and Sodas Bay. November 21st, 1788, Massachusetts conveyed this tract of which the Indian title was extinguished to Phelps and Gorham. It has since been known as the Phelps and Gorham tract.
In 1790 and 1791, Cornplanter, Halftown and Big Tree made grave charges against Mr. Phelps to President Washington respecting a treaty, a committee appointed by the Senate of the United States, however, after a full investiga- tion found them to be unsupported. This extract from Coruplanter's speech or memorial gives light upon the Indian side of the question and contains an allusion to Chautauqua lake.
" The voice of the Seneca Nation speaks to you, the great counsellor, in in whose heart the wise men of all the Thirteen Fires have placed their wis- dom. It may be very small in your cars, and we therefore entreat you to hearken with attention ; for we are about to speak of things which are to ns very great. When your army entered the country of the Six Nations, we called you the 'Town Destroyer,' and to this day, when that name is heard, our women look behind them and turn pale, and our children cling close to the necks of their mothers. Our counsellors and warriors are men, and can- not be afraid ; but their hearts are grieved with the fears of our women and children, and desire that it may be buried so deep as to be heard no more. When you gave us peace, we called you father, because you promised to secure us in the possession of our lands. Do this, and, so long as lands shall remain, that beloved name will live in the heart of every Seneca.
" Father : Our nation empowered John Livingston to let out part of our lands on rent, to be paid to us. He told us that he was sent by Congress to do this for us, and we fear he has deceived us in the writing he obtained from us ; for since the time of giving that power, a man of the name of Phelps has come among us, and claimed our whole country northward of the line of Pennsylvania, under purchase of that Livingston, to whom he said he had paid $20,000 for it. He said also, that he had bought likewise, from the council of the Thirteen Fires, and paid them $20,000 more for the same. And he said also, that it did not belong to us, for that the great King had ceded the whole of it, when you made peace with him. Thus he claimed the whole country north of Pennsylvania, and west of the lands belonging to the Cayugas. He demanded it; he insisted on his demand, and declared he would have it all. It was impossible for us to grant him this, and we imme- diately refused it. After some days he proposed to run à line, at a small dis- tance eastward of our western boundary, which' we also refused to agree to. He then threatened us with immediate war if we did not comply Upon this
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HISTORY OF CHAUTAUQUA COUNTY, N. Y.
threat our chiefs held a council, and they agreed that no event of war could be worse than to be driven, with our wives and children, from the only coun- try which we had a right to, and, therefore, weak as our nation was, they determined to take the chance of war, rather than submit to such unjust demands, which seemed to have no bounds. Street, the great trader at Nia- gara, was then with us, having come at the request of Phelps, and as he always professed to be our great friend, we consulted him on this subject. He also told us that our lands had been ceded by the King, and that we must give them np.
"Astonished at what we heard from every quarter, with hearts aching with compassion for our wives and children, we were thus compelled to give up all our country north of the line of Pennsylvania, and east of the Gene- see river, up to the fork, and east of a south line drawn from that fork to the Pennsylvania line. For this land Phelps agreed to pay us $10,000 in hand, and $1,000 a year forever. He paid us $2,500 in hand, part of the $10,000, and he sent for us to come last spring, to receive our money ; but instead of paying us the remainder of the $10,000, and the $1,000 die for the first year, he offered us no more than $500, and insisted that he had agreed with us for that sim to be paid yearly. We debated with him for six days, dur- ing all which time he persisted in refusing to pay us our just demand, and he insisted that we should receive the $500 ; and Street, from Niagara, also insisted on our receiving the money as it was offered to us. The last reason he assigned for continuing to refuse paying us, was, that the King had ceded the lands to the Thirteen Fires, and that he had bought them from you and paid you for them. We could bear this confusion no longer, and determined to force through every difficulty, and lift up our voice that you might hear us, and to claim that security in the possession of our lands, which your com- missioners so solemnly promised us. And we now entreat you to enquire into our complaints and redress our wrongs,
" Father : Our writings were lodged in the hands of Street, of Niagara, as we supposed him to be our friend ; but when we saw Phelps consulting with Street on every occasion, we doubted of his honesty toward us, and we have since heard, that he was to receive for his endeavors to deceive ns, a piece of land two miles in width, west of the Genesee river, and near forty miles in length, extending to Lake Ontario ; and the lines of this traet have been run accordingly, although no part of it is within the bounds which limit his purchase. No doubt he meant to deceive us.
"Father : You have said that we are in your hand, and thet, by closing it, you could crush us to nothing. Are you determined to crush us? If you are, tell ns so, that those of our nation who have become your children, and have determined to die so, may know what to do. In this case, one chief has said he would ask you to put him out of pain. Another, who will not think of dying by the hand of his father, or of his brother, has said he will retire to Chatanque, eat of the fatal root, and sleep with his fathers in peace."
May 11, 1791, Massachusetts conveyed to Robert Morris all the lands owned by that state west of the Phelps and Gorham tract, Morris having pre- viously purchased of John Butler a right which he was supposed to have in the land growing out of a contract made by him with Phelps and Gorham.
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BOUNDARY SURVEYS.
December 24, 1792, Robert Morris and his wife Mary conveyed by deed to Herman Le Roy and John Linklean lands which comprise 422 chains and 56 links of the west part of each of the townships in the seventh range, and all of the townships of the 8, 9, 10, 11, 12, 13, 14, 15 ranges of the Holland Land Company's surveys being all the lands within the limits of Chautauqua county and also the western parts of the counties of Cattaraugus, Erie and Niagara, and supposed to contain 1,500,000 acres. The lands conveyed by this deed were described in two tracts. The first of those containing 1,000- ooo acres embraced the eastern part of the tract. The second parcel and western part contained 500,000 acres and included ranges 11, 12, 13, 14 and 15. In 1792, Robert Morris conveyed to Herman Le Roy and other grantees in three separate deeds all the remainder of the lands purchased by him of the state of Massachusetts lying west of the Phelps and Gorham tract, except- ing the lands lying east of a meridian line beginning at a point in the north line of Pennsylvania twelve miles west of the southwest corner of the Phelps and Gorham tract, and running north to Lake Ontario. These lands were bounded on the east by the Phelps and Gorham tract. The lands excepted and reserved were supposed to contain 500,000 acres and are known as the Morris Reserve. The west line of the traet passed northward through the county of Allegany a little west of its center, and a little cast to the central parts of Wyoming, Genesee and Orleans counties. This line constituted the eastern boundary of the Holland Purchase. All the tracts conveyed in four deeds mentioned, to Herman Le Roy and others, consisting of about 3,600- 000 acres, were purchased with the funds of certain persons in Holland, aud the grantees of Robert Morris held them in trust for their benefit. They being aliens could not purchase and hold Hands in their own names in New York. . The names of the trustees to whom the conveyances were made by Morris were not in all cases the same. Subsequently all the lands conveyed by the four deeds to Herman Le Roy and others, were conveyed to the Hol- land Land Company, or rather to those persons composing it, in their own names. They resided in Holland. Various enabling and confirmatory acts have been passed by the legislature of New York authorizing and enabling such persons to hold and convey lands.
We give a synopsis of the deeds from Robert Morris to the members of the Holland Land Company, which convey the territory within which is included Chautauqua county : Ist. Deed from Robert Morris and Mary his wife to Herman Le Roy and John Linklean, dated December 24, 1792, being the deed first above mentioned, as conveying one and one half millions of acres. 2nd. Deed from Herman Le Roy and John Linklean to William Bayard, dated May 30th, 1795. 3rd. Deed from William Bayard and wife to Herman Le Roy, John Linklean and Gerritt Boon, dated June Ist, 1795. 4th. Deed from Herman Le Roy and Hannah his wife, John Linklean and
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HISTORY OF CHAUTAUQUA COUNTY, N. Y.
Helen his wife, and Gerrit Boon to Paul Busti, dated July 9th, 1798. 5th Deed from Panl Busti and wife to Herman Le Roy, William Bayard, James McEvers, John Linklean and Gerrit Boon (in trust for the benefit of William Willink and other citizens of New Netherlands with covenant to convey the same according to their directions and appointment) dated July roth, 1798. 6th. Deed from Herman Le Roy, William Bayard, James McEvers, John Linklean and Gerrit Boon to Wilhehn Willink, Nicholaas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven and Rutger Jan Schimmelpen- ninck, dated December Ist, 1798.
Robert Morris had freely pledged his fortune to aid the cause of Ameri- can Independence. To him next to Washington, is the country indebted for his individual efforts and sacrifices. His purse and his credit more than once saved our cause during the dark hours of the Revolution. He became embarrassed in the latter part of his life, and judgments were recovered against him which affected the title to the lands of the Holland Land Com- pany. To reinstate and confirm the title as against such judgments, a deed was executed by Thomas L. Ogden to the last mentioned grantee, February 13, 1801. The last mentioned grantee, by Paul Busti, agent, executed a deed March 24, 1801, to James McEvers of all the lands in Chantanqua county except the east range of townships, being the lands that constituted the one- half million or second tract in the deed from Robert Morris to Le Roy and Linklean. James MeEvers conveyed these lands by deed dated April 1, 1801 to Wilhem Willink, Nicholaas Van Staphorst, Pieter Van Eeghen, Hendrick Vollenhoven, Rutger Jan Schimmelpenninck, Wilhem Willink the younger, Jan Gabriel Van Staphorst, Roelif Van Staphorst the younger, Cornelis Vol- lenhoven, and Hendrick Seve as joint tenants. A deed was executed Feb- muary oth, 1820, from Wilhem Willink junior and Cornelis Vollenhoven, (sur- vivors of the above joint tenants) to Egbert Jean Koch. A deed was execu- ted dated February roth, 1829, from Egbert Jean Koch to Wilhem Willink, Walrave Van Heuklom, Jan Eeghen, Cornelis Isaac Van Der Vliet, Wilhem Willink junior and Peter Van Eeghen as joint tenants. A deed was executed April 18, 1821, from Wilhem Willink, Hendrick Vollenhoven, Rutger Jan Schimmelpennick survivors of Nicholaas Van Staphorst and Pieter Van Eeghen to Hendrick Seye of the east range of townships in Chautauqua county. A deed was executed April 19th, 1821, by Hendrick Seve to Wil- helm Willink. Hendrick Vollenhoven, Rutger Jan Schimmelpenninck, Wal- rave Van Hnkelom, Nicholas Beeftingh, Jan Van Eeghen, Wilhelm Willink junior and Gerrit Schimmelpenninck (son of Rutger Jan as joint tenants) conveying the last mentioned premises.
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THE INDIAN TITLE.
CHAPTER XV.
THE INDIAN TITLE.
HEN the Holland Company a century ago became the owners of western New York including Chautauqua county by virtue of the deed executed by Robert Morris in 1792, their lands were still subject to the rights of the Six Nations. The Indians of New York possessed substantial rights to the soil measured by the legal rules and prin- ciples of equity of the English law. They were not a nomadic people as most of the Indian tribes of the continent were, but occupied substantially the same localities when they were driven from their homes by Sullivan and Brodhead at the close of the last century, that they did when Europeans first had knowledge of them. They built rude but permanent towns with much labor, and made extensive clearings, cultivated broad fields of corn and other crops, and even planted large orchards of apple and peach trees. They seemed to adhere to the places where they dwelt with even more tenacity than white men. They deeply felt the wrong when the white men by arti- fice or force dispossessed them of their territories. The light in which they regarded the encroachments of the whites is illustrated by this anecdote related by James Ross Snowden in his Historical Sketch of Cornplanter :
A solitary traveler, after the close of the Revolutionary War, in 1783, wandering near the shores of Chautauqua lake, found himself benighted ; and ignorant of the path which should lead him to his place of destination, feared he would be compelled to pass the night in the forest, and withont shelter. But when the darkness of the night gathered aromid him, he saw the light of a distant fire in the woods, to which he bent his steps. There he found an Indian wigwam, the habitation of a chief with his family. He was kindly received and hospitably entertained. After a supper of corn and venison, the traveller returned thanks to God, whose kind Providence had directed his way, and preserved him in the wilderness. He slept comfortably on the ample bear skins provided by his host. In the morning the Indian invited the traveller to sit beside him on a large log in front of his cabin. They were seated side by side. Presently the Indian told the traveler to move on a little, which he did ; and, keeping by his side, again requested him to move. This was repeated several times. At length, when near the end of the log, the chief gave an energetic push, and requested his companion to move fur- ther. The traveler remonstrated, and said, 'I can go no further; if I do, I shall fall off the log.' 'That is the way,' said the Indian, 'you white people treat us. When the United people, the Six Nations, owned the whole land from the lakes to the great waters, they gave to Corlaer a seat on the Hud-
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