History of Jefferson County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 11

Author: Durant, Samuel W; Peirce, H. B. (Henry B.)
Publication date: 1878
Publisher: Philadelphia : L.H. Everts & Co.
Number of Pages: 862

USA > New York > Jefferson County > History of Jefferson County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 11

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MACOMB'S PURCHASE.

The office of land commissioners was created in 1786, and they were elothed with discretionary powers in selling the unappropriated lands of the State. The manner in which they exercised this trust has been made the subject of severe eensure. On June 22, 1791, Alexander Macomb, of the city of New York, acting as the agent of a company said to consist of himself, Daniel McCormick, and William Constable, all of New York, applied for the purchase of a traet of land since known as MACOMB'S PURCHASE,*

embracing the greater part of Franklin, the whole of St Lawrence, excepting the " ten towns" and Massena, the whole of Jefferson (excepting Penet's square and Tibbet's point), the whole of Lewis, and a part of Oswego counties. This proposition included the islands in Lake Ontario and the St. Lawrence, fronting the tract, and excepted five per eent. for roads, and all lakes of greater area than one thou- sand aeres. The proposed priee was eight pence per aere. One-sixth part was payable in one year, and the residue in five equal annual installments. If one-sixth were seeured by satisfactory bonds, and paid, and another sixth in like manner secured, Macomb was to receive a patent for a sixth part, in a square, in one of the corners of the traet, and the same rule was to be observed throughout, until the whole was paid. Carlton, or Buck's, island and the Long Sault island were expressly reserved to the State. This proposi- tion was accepted, and the surveyor-general was directed to survey the traet at the expense of Macomb. On Janu- ary 10, 1792, he reported that the conditions had been complied with, and that day a patentt was issued to Macomb for one million nine hundred and twenty thousand acres, reserving eight hundred aeres to be located by the surveyor-general .¿ This included the whole of the traet not in the present counties of Franklin and St. Lawrence, an uncertainty existing in relation to the islands in the St. Lawrence ; these were patented after the national boundary · had been determined, and to other parties. The reserva- tion stipulated to Penet was confirmed by the following proceedings of the land commissioners :

" At a meeting of the commissioners of the land-office of the State of New York, held at the secretary's office in the city of New York on Saturday, the eighth day of August, 1789. Present, his Exeel- leney George Clinton, Esq., governor; Lewis A. Scott, Esq., seere- tary ; Richard Varick, Esq., attorney-general ; and Gerardus Baneker, treasurer.

" Resolred, That the surveyor-general be dirceted to lay out for Peter Penet, and at his expense, the lands eeded by the Oneida nation to the people of this State, by their deed of cession dated thetwenty- second day of September last, lying to the northward of Oneida lake, a traet of ten miles square, wherever he shall eleet the same; and further, that he lay out for John Francis Pearche, and at his ex- pense, a tract of land stipulated by the said deed of cession to he granted to him," ete., referring to a tract two miles square in Oneida county.2

On November 19, 1789, the following action was taken :

"The surveyor-general, agreeable to an order of this board of the 8th of August last, having made a return of survey for Peter Penet, of a traet of ten miles square, as elected by John Duncan, his agent (of the lands eeded by the Oneida nation of Iudians to the people of this State, by their deed of eession, dated the twenty-second day of September, 1788), lyiug to the northward of Oneida lake, as by the said return of survey filed in the secretary's office will more fully appear. And the said John Dunean having as agent aforesaid made application to the board for letters patent for the same,

" Resolved, therefore, that the secretary do prepare letters patent to the said Peter Penet for the said traet of ten miles square aecord- ingly, and lay them before the board for their approbation." !!

+ Secretary Offiee Patents, h. 23, p. 160.

{ This was selected on Tibbet's point in Cape Vincent, at the out- let of the lake, which was patented to Captain John Tibbets, of Troy, and never formed a part of Macomb's purchase. It embraced but six hundred acres, as surveyed by John Campbell in the fall of 1799.

¿ Land Office Minutes, vol. ii. p. 56. || Ib., p. 80.

" Full details of this purchase, with a copy of his applications, may be found in the History of St. Lawrence and Frankliu Coun- tics, p. 252, et seq., hy Dr. Hough.

HISTORY OF JEFFERSON COUNTY, NEW YORK.

SIMON DESJARDINES.

Peter Penet, by an instrument dated Jan. 23, 1789,* made John Dunean his attorney, and the latter received, Nov. 19, 1789, a patent; for a tract ten miles square, which on July 13, 1790, he conveyed į for the nominal sum of five shillings to James Watson and James Green- leaf, of New York. Feb. 26, 1795, Watson released§ to Greenleaf his half of the traet for £1000 ; the latter having, Sept. 4, 1797, conveyed by deed the 64,000 acres to Simon Desjardines | for £19,400.T

Desjardines conveyed to Nicholas Olive, of New York, Jan. 29, 1796, and the latter to Herman Le Roy, William Bayard, and James McEvers, 44,000 acres of this traet, in trust as joint tenants for certain heirs, of whom Mallett Prevost was entitled to 8000 acres .; John Lewis Grenus to 12,000 acres ; Henry Finguerlin, Jr., 8000 aeres. At the time of this conveyance Olive held these lands in trust, and 16,000 acres in his own right. A dced of partition be- tween the proprietors was executed May 17, 1802, ** ac- cording to a division by ballot, as follows: N. Olive, 16,000 ; J. L. Grenus, 12,000 ; H. Finguerlin, Jr., 8000; A. M. Prevost, 8000 acres, making 44,000 acres, which with 8000 to Louis Le Guen, and 12,000 to John Wilkes previously conveyed by Olive,ft made 64,000 aercs on the whole tract. After the deed of partition, and on June 11, 1802, the proprietors released to one another the quantity allotted to cach, as follows: John Wilkes and Louis Le Guen, to Le Roy, Bayard, and McEvers, of 44,000 acres ; L., B., & M., and Louis Le Guen, to John Wilkes of 12,- 000; and L., B., & M., and J. Wilkes to L. Le Guen of 8000 aeres.##

Nicholas Olive, in his will, made his wife and Henry Cheriot his executors, and his widow afterwards married Simon Louis Pierre, Marquis de Cubieres, of Paris, who with his wife did, May 9, 1818, appoint L., B., and M. to convey to Provost, Grenus, and Fingucrlin their several shares. The latter, May 20, 1817, directed L., B., and . M. to convey to Joseph Russell and John La Farge. Le Roy and Bayard deeded to John Henry and Edmund , Wilkes 16,000 acres, Sept. 23, 1818, and the latter to John La Forge, April 14, 1823,§§ having received May 9, 1818, from the Marquis de Cubieres and wife, a power of attorney|||| for the purpose. Le Roy and Bayard conveyed 12,000 aeres Nov. 23, 1818, and to Russell and La Farge

8000 aeres, Sept. 23, 1818.TT Joseph Russell released his half of these 8000 acres Dee. 12, 1818.TT John Wilkes to Charles Wilkes Jan. 1, 1818, *** sold 8000 acres, and the latter the same to La Farge, June 3, 1825 .*** By these conveyances Mr. La Farge became the owner of the greater part of Penet Square ; but he allowed the lands to be sold for taxes, and his claims were subsequently confirmed by a comptroller's deed from Win. L. Marcy, May 13, 1828.

On Nov. 23, 1819, Francis Depau bought fifteen lots (21 to 25, 41 to 45, 56 to 60), for $12,000,+++ excepting parts sold to Samuel Ruggles. In our account of Orleans will be given a detail of the irregularities growing out of occupation without title, and the conflicting claims which continued many years, and produced much difficulty.

The whole of Macomb's contract was estimated to con- tain, after deducting five per cent., 3,670,715 acres, and was divided into five tracts. Tract No. 1 contained 821,819 acres, and is wholly in Franklin county. No. 2 embraced 553,020 acres, or the present towns of Parishville, Colton, Hopkinton, Lawrence, Brasher, and a small part of Mas- sena, in St. Lawrence county. No. 3, the remainder of St. Lawrence county south and west of the ten towns, or 458,222 acres. No. 4 contained 450,950 aeres in Jeffer- son County, it being, with the exception of Penet's Square and Tibbet's Point, all of that county north of a line drawn from the southwest corner of St. Lawrence county, north 87° west, to Lake Ontario. No. 5 (26,250 aeres) and No. 6 (74,400 acres) formed the rest of the purchase ; the di- vision line between which numbers was never surveyed. Soon after perfecting his title to a portion of his traet, Ma- comb employed William Constable (who is said to have been, with Daniel McCormick, the principal proprietor) as his agent to sell lands in Europe ; and, on June 6, 1792, he released, and October 3, 1792, conveyed to him the whole of tracts 4, 5, and 6, for £50,000.1}} Macomb had become involved in speculations, by which he lost his prop- erty, and was lodged in jail ;§§§ and his name docs not subsc- quently appear in the transfers of land. He had been a fur-trader in Detroit, afterwards beeame a merchant and capitalist in New York, and was the father of the late General Macomb, of the war of 1812.

THIE CIIASSANIS PURCHASE.

The first direct measure taken for the actual settlement of the section of the State embraced in Jefferson County was in 1792. On August 31, William Constable, then in Europe, executed a deed to Peter Chassanis, of Paris, for 630,000 aeres south of Great Lot No. 4, which now con- stitutes a part of Jefferson and Lewis counties. A traet in Leyden, previously conveyed to Patrick Colquhoun and William Inman, was excepted. Chassanis aeted as the " agent for the associated purehasers of lands in Montgom- ery county," and the lands were to be by him held in trust for the use of the said William Constable, and disposed of by sections of one hundred acres cach, at the rate of eight

TT Ib. ree. Oct. 5, 1819. *** Jeff. Co. rec. June IS, 1825. ttt Jeff. Co. deeds, N. 605. ### Secretary's Office, Deeds 24, pp. 300 and 332, August 2, 1792. 222 See History of St. Lawrence and Franklin Counties, p. 212. Hongh, 1854.

* Sec. office deeds 22, p. 277. į Not. recorded.

+ Ib. patents 21, p. 407.

¿ Sec. office deeds 38, p. 350.

I See. office deeds 38, p. 344.

! The Castorland Journal of date August 30, 1794, gives the fol- lowing account of the origin of Desjardines' connection with this title : Mr. Olive and his associates having determined to purchase Penet Square, the purchase was made in my uame, as having the right to hold lands, and these gentlemen promise M. Pharoux and myself a tenth part of the benefits for the attention that we give them in this business.

SIMON DESJARDINES. ** Jeff. Co. deeds, rec. Dec. 14, 1824.

++ Olive conveyed, Oct. 15, 1800, 8000 acres to Henry Cheriot ( sec. deeds 38, p. 347), and C. to John Wilkes the same, Oct. 16, 1800 (ib. p. 432).

## Jefferson Co. deeds, rec. June 18, 1825.

22 Jeff. deeds, rec. Jume 23, 1821.

|| || Ib., rec. Oct. 23, 1818.

HISTORY OF JEFFERSON COUNTY, NEW YORK.

livres Tournois* per aere; in which said conveyance it is declared that the said Chassanis should account for the procceds of the sales to Constable, aceording to the terms of an agreement between them, excepting one-tenth thereof. The State reservations for roads, ete., were stipulated. A deed for 625,000 aeres having been made from Constable to Chassanis, and delivered as an escrow to René Lambot, to take effect on the payment of £52,000, it was agreed that the price for this land should be one shilling per acre. · Constable bound himself to proeure a perfeet title, to be authenticated and deposited with the Consul-General of Franee, in Philadelphia ; and Chassanis agreed that the moneys received by Lambot should be remitted to Ransom, Moreland & Hammersley, in London, as received, subjeet to Constable's order, on presenting the certificate of Charles Texier, eonsul, of his having procured a clear title. If the sales shall not have amounted to £62,750, the balanee should be paid in six, nine, and twelve months, in bills upon London. Constable granted, for one month, the right of pre-emption to Traet No. 4, at the rate of one shilling sterling, payable in three, six, and nine months from the date of the deed, as above.

The plan of the association contemplated by this eom- pany is set forth in the following doeument, which we translate from an original eopy, printed in Paris in 1792, in the possession of William C. Pierrepont, who has kindly permitted it to be used for this work. It is very probable that the stormy period of the French revolution that soon followed prevented its execution :

" ASSOCIATION for the purchase and settlement of 600,000 acres of land grunted by the State of New York, and situated within that State be- tween the 43d deg. and 44th deg. of latitude, upon Lake Ontario, and 35 leagues from the city and port of Albany, where vessels land from Europe.

" Many details suggested by the consideration of the internal and external advantages of this vast and rich domain, of which we have direct knowledge, has led to a plan of developing its resources and of presenting the speculation to Europeans. It is to he noticed that this tract presents, in its fertility, all the wealth of agriculture ; by the fine distribution of its waters, the facilities for an extended commerce; hy its location in the immediate vicinity of a dense population, security to its inhabitants; and by the laws of a people independent and rich with their own capital, all the benefits of liberty without its drawbacks. These incontestable facts, developed without art and declared in a public notice, may be easily proved by simple inspection of the geog- raphy and a general acquaintance of the State of New York. Be- lieving that the value of this vast domain would he enhanced by the activity of cultivation and settlement, the proprietors have united in attempting the formation of a family in some way united by common interests and common wants, and, to promote the success of this meas- ure, they here offer an account of the origin and plan of their associ- ation. To maintain this essential unity of interests, the projectors have devised a plan that renders each member directly interested in the property, and require that a division shall be made by lot that shall give at once a title to fifty acres individually, and to fifty in a portion that shall remain common and undivided until a fixed period ; and, that these subdivisions may operate in a ready and economical manner, they have adopted a form of certificate [ forme d' Action] to the hearer as best combining the desired features and advantages of being evidences of the first title of purchase and the undivided por- tion, and of partaking of the nature of an authentic title. In conse- quence, they have purchased this estate, aud agreed that it should he done in the name of Sieur Chassanis, in whom they have united their confidence, and whom they have authorized to sign the certificates. He is to receive the funds to be credited to each as titles of property,

and furnish declarations to those who desire. Subsequent to the pur- chase, the parties interested have established the following rules, which shall be the common law of the holders of certificates as insep- arable from the title resulting. These rules are divided into two sections, the one including the articles essential to title, and the un- alterable law of the proprietors, the other embracing the provisional rules and regulations of the common interest.

" SECTION 1. Article 1. The 600,000 acres of land, which Peter Chassanis has purchased of Wm. Constable (in which are reserved five acres in each 100), shall be subdivided iuto 6000 portions, including the fractional portions.

" Art. 2. A direct title shall be given upon application by the holders of certificates, in their own name.

" Art. 3. These certificates shall be of the following form :

" Title of the association of the New York company in the purchase of 600,000 acres of land in Montgomery county, State of New York :

"' The bearer of this certificate has paid the sum of eight hundred ' livres, which renders him the owner of a hundred acres in six hun- 'dred thousand acres which have been sold to us as representatives of ' the company of Proprietors [ Companie des Actionnaires] according ' to the present coutraet, which requires us to pass the necessary 'titles of this portion of the estate in favor of the holder of this cer- 'tificate whenever he may wish to receive it in his own name. The ' present certificate is for an integral part and a fraction of the pur- ' chase ahove mentioned, by virtue of which the bearer is entitled to 'all the rights of this association, of which the articles and rules are ' fixed by the terins of agreement annexed to this common title.

"' This certificate bears the number -. In evidence of which 'it has been signed by myself, countersigned by the commissioners of ' the company, and inspected by M. Lambot, notary.

"' Paris, this - of --. '

"These shall remain deposited in the hands of M. Lambot, notary, at Paris, who shall make the distribution after the inspection and signature, of which we shall speak hereafter. The price of a certifi- cate shall remain fixed at 800 livres, which shall be paid into the hands of M. Lambot. Of this sum one-tenth part shall be placed at the dis- posal of the trustces to defray the expenses of the concern, such as purchasing of tools, materials, provisions, the opening of roads, neces- sary fixtures, surveys, and explorations. The nine other tenths shall belong to the seller, who shall convey, after the transfer has been duly made by William Constahle, in America, a title with all the formal- ities required by the usages of the country. This remittance shall be made by the depository, directing the sums received to Messrs. Ran- som, Moreland & Hammersley, hankers, in London, in drafts upon that city, which shall he sent as received, without waiting the return of titles, but till that time that the said Wm. Constable shall not draw from the hands of the said bankers in London.

" Art. 5. The 600,000 acres shall he divided into 12,000 lots, of 50 acres each, of which six thousand shall be divided and set apart in the beginning for individual properties, and six other thousand shall helong to the company, who shall ultimately take measures for in- creasing its value, and for a division after the manner hereinafter mentioned.

" Art. 6. Each holder of certificates shall have one separate lot, and one in common and undivided stock.

" Art. 7. The 30,000 acres additional, resulting from the reserva- tions in the above tract, shall he divided as follows : two thousand acres in the formation of a city, in the interior of the tract, on the hanks of the great river that traverses the concession .- 2000.

"Two thousand acres hesides, to the founding of a second city, upon the banks of Lake Ontario, at the mouth of the river upon which the first city shall be built to serve for a port and entrepôt of commerce .- 2000.

"Six thousand acres shall be divided among artisans, who shall be distributed in the settlements, such as masons, carpenters, locksmiths, and joiners, to be charged to them after seven years, by paying a rent of twelve sous per acre .- 6000.

"The twenty thousand acres remaining shall be expended in the construction of roads and bridges, or disposed of as the society may direct .-- 20,000.

" Art. 8. The location of the two cities shall be divided into 14,000 lots, of which 2000 shall be reserved for markets, and edifices, such as churches, schools, and other public establishments, and for poor artisans, who shall be desirous of locating there. The 12,000 remain- . ing lots shall be divided into two classes, the one of separate and the

Equal to $1.50

HISTORY OF JEFFERSON COUNTY, NEW YORK.

other of undivided ownership. One let of each class shall belong to each owner of certifieates.

" Art. 9. The choice of divided lots, in the country as well as in the cities, shall belong to the holders of certificates, in the order of the dates of the presentation of their titles, by themselves or their author- ized agents to the trustees of the company.

" Art. 10. The trustees of the company shall make upon the spot, before the term of seven years, a report of the property remaining in common, and its condition ; of the improvements of which it is sus- ceptible, aud an estimate of its value. After this report there shall be made a division into 6000 lots, which shall be designated on a plan. The trustees shall advertise three months in advance of drawing, which shall be done in a general assembly, by those only who shall have declared a fortnight before the drawing, that they wished to take part in the same. Those who do not make this declaration, shall be deemed to have chosen the continuation and non-division of the common property.

" Art. 11. The holders of certificates, who remain in common, shall regulate in a general assembly their particular interests, as well for the care of lands which remain with them as for selling them, as they may decide.

" Art. 12. After the drawing, the society shall no longer exist, except among such as do not take part in it; the certificates shall be furnished to those entitled, containing a title and adjudication of their lots.

" Art. 13. The affairs of the company shall be managed by trustees, living in Paris, three in nmuber, and by at least two other trustees, residing upon the traet. These different trustees shall be in regular correspondence, and shall be chosen by an absolute majority of the general assembly. These meetings shall be held in Paris, and every owner may attend and assist by himself or by proxy. Each share shall entitle to one vote, yet no person shall have more than five votes, whatever the number of shares he may possess.

" Art. 14. All the articles aforesaid, are essential to the existence of certifieates, and can be modified only in a general assembly, convened ad hoc. and by a majority of two-thirds.

" SECTION II. Government. Article 1. Within one month, there shall be held a meeting of the subscribers, at the rooms of the said Sieur Chassanis, at Paris, No. 20, Rue de la Jussieune, for the election of trustees.

" Art. 2. The trustees, residing in Paris, shall have the charge of proving the certificates, with the depository, and of personally exam- ining each, to guard against errors ; the notary shall also compare them as received, and paid, after which they shall be signed by the said Sieur Chassauis, to be delivered to the shareholders. Conse- quently no certificate shall be issued until after these inspections and signatures, and the subscribers shall in the mean time only receive a provisional receipt of deposit.

"Art. 3. To guard against all errors in distribution, the certificates shall be registered by their numbers, by Sieur Chassanis, upon their presentation by the holders, and the record kept iu his office, and without this entry, of which notice shall be written upon the certifi- cate by the said Sieur Chassanis, or by the one whom the trustees shall appoint for the purpose, no holder of certificates shall be ad- initted to the meetings, nor have right to take his chance in the selection of his location.

" Art. 4. The trustees, designated for removal to America, shall be the bearers of the instructions, and of the general powers of the as- sembly ; shall survey the land, decide upon the location of the two cities, and there prepare for the company, within three months from their arrival, a report of their examinations and labors, with a de- tailed plan of the common property.

" Art. 5. Trustees shall be chosen from among the holders of cer- tifieates.

" Art. 6. The trustees shall deeide the location of the fifty acres which shall belong originally to each certificate, after which the hollers shall have the right of choice.

" Art. 7. The locations shall be marked npon the two registers, in the hands of the trustees in America, who shall retain one and trans- mit the other annually to the general assembly in France.

" Art. 8. The titles directed to be delivered to the holders of eer- tifieates, who make known their wish, shall contain a declaration by Sieur Chassanis, that in his general purchase, there belongs a certain portion to $ $ $ as his own, in accordance with a commuon title, aud a social regulation of which he is a party ; this declaration shall bear

the number of the certificate, which shall remain attached, under pain of forfeiture of the action, even though the certificate had been pre- viously canceled, and this title shall not be complete till after the registration of the trustees to whom it shall be presented.

" Art. 9. The trustees in America shall be clothed with a similar power by Sieur Chassanis, for granting like titles to those who require it. This power shall be granted after a model of the declaration, for the purpose of securing uniformity of registry.

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History of Jefferson County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 11

Author: Durant, Samuel W; Peirce, H. B. (Henry B.) Publication date: 1878 Publisher: Philadelphia : L.H. Everts & Co. Number of Pages: 862

Author: Durant, Samuel W; Peirce, H. B. (Henry B.)
Publication date: 1878
Publisher: Philadelphia : L.H. Everts & Co.
Number of Pages: 862