USA > New York > Dutchess County > Pine Plains > History of Little Nine Partners of North East precinct, and Pine Plains, New York, Duchess county, Vol. I > Part 3
USA > New York > Dutchess County > North East > History of Little Nine Partners of North East precinct, and Pine Plains, New York, Duchess county, Vol. I > Part 3
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
The large territory granted to the Little Nine Partners was greatly reduced by the establishment of the boundary or "Colony Line" between Connecticut and New York-several years later than the date of the patent-in 1731, which was then the west line of the Oblong. This being the eastern boundary in both grants-Little and Great Nines-their surveys stop here. Further, the greater part of the lands left by this eastern cut off had been granted to the Great Nines in 1697, which they firmly held. This was the southern cut off, so that the "large tract of vacant land " was actually reduced to nearly the present townships of Milan, Northeast and Pine Plains.
Three years after the establishment of the Colony line, the colonial Assembly of New York in 1734 passed "an act for the partition and division of a certain tract of land in Dutchess County granted to Sampson Broughton, Rip Van Dam, Thomas Wenham, Roger Mompesson, Peter Fauconnier, Augustine Graham, Richard Sackett and Robert Lurting."
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No action was taken by the patentees under this act for partition or survey until nearly ten years later. But meantime, "Richard Sackett, of Dover," March 6, 1741, conveys to John Sackett, (his son) of Dover, "Two hundred acres of land lying within the Upper Nine Partners patent and lying in my ninth part where he shall take it best convenient for him before my part is divided or any division made thereon." Later, October 20, 1741, we have a very interesting conveyance by Mr. Sackett and his two sons, as follows:
"Capt. Richard Sackett and his two sons Richard Sackett, Jun., and . John Sackett all of Crom Elbow Precinct in Dutchess County " convey to "Johan Tise Smith of the Northern Precinct of said county yeoman." After reciting the patent to the Little Nines this conveyance says "which said tract of land was by Her said Late Majesty by Letters patent under the said seal of the said province of New York bearing date the Twenty-fifth day of September in the seventh year (1708) of her Reign confirmed unto the said patentees, and whereas the said Rip Van Dam Peter Fauconnier Richard Sackett and Robert Lurting the surviving patentees, and the heirs and assigns of the said Sampson Broughton Roger Mompesson and Augustine Graham together with George Clark to whom the said grantees soon after the passing the aforesaid grant conveyed one equal undivided Ninth Part of the said whole tract, were desirous to make partition of the said whole tract in an Equal and Impartial manner and have obtained for that end an act of general Assembly of that province passed in the Eighth year of his now Majesty's Reign with a provisal that said act should not be of force until it had received the approbation of his most sacred majestie; and whereas the said act since hath received the Royal appro- bation and the same transmitted to the Commander in Chief of the Colony and Entered in the minutes of Council, and the partition and Division of said tract of land remains still to be divided, and whereas the said proprietors of the said tract of land their agents or attorneys have mutually and fully agreed concluded and consented ( for a special con- sideration) that he the said Richard Sackett should have the choice of Three hundred acres of land * * before any division were made of said tract of land wherever he, the said Richard Sackett should choose pitch on or cause to be laid out or surveyed in any part of said tract of land to be taken in one Entire piece in what shape or form he the said Richard Sackett should cause the same to be surveyed in, * and the same resolution and agreement is accordingly entered in said minutes, and in pursuance thereof the said Richard Sackett hath caused to be laid out and surveyed three hundred acres of land Lying and being in said described tract of land in such shape or form as follows viz: Beginning at a swamp Oak Tree marked with six notches and two crosses, running from thence north seventy degrees east eighty chains, then north twenty degrees west thirty chains fifty links, then south seventy degrees west eighty chains, then south twenty degrees east thirty-seven chains fifty links to the first station (near an Indian Wigwam) containing three hundred acres of land, which said survey was performed by Mr. Martin Hoffman Deputy Surveyor on the eighth day of this present month of
October (1741). Now * in consideration of the sum of one hundred and fifty pounds * paid by Johan Tise Smith * do freely clearly fully and absolutely grant * excepting and reserving, for that whereas some Native Indians of said county and there residing lay claim to some part of the above demised and granted premises, and it is hereby declared to be the true intent and meaning of all the persons to these
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HISTORY OF PINE PLAINS.
presents that if in case the said Native Indians shall, may, or can lawfully hold the said hereby granted premises or any part or parcell thereof only by virtue of the present title or lawful claim which they now have and not otherwise to their heirs and assigns, that then for so much land or any part or parcel of the said granted premises as they their heirs or assigns shall may or can lawfully take off keep have and hold by their title which they. now have and their present claim and no otherwise * * the said.
Richard Sackett, Richard Sackett Jun. and John Sackett shall within the space of six month after notice thereof to them, or any of them given, lay out unto the said Johan Tise Smith an equivalent thereof to be taken out of the said Richard Sackett his full ninth part of the whole above des- cribed tract of land as soon as the same shall be divided, to be taken in any part thereof where the said Johan Tise Smith his heirs or assigns shall pitch on or make choice of (except two hundred acres of land lately conveyed by the said Richard Sackett nnto the said John Sackett to be choose first after such division ) and the same by twelve indifferent men then to be valued and appraised in proportion to such part as shall so be taken off as aforesaid whether buildings or improvements according to the value thereof * * that the said Richard Sackett, Richard Sackett Jun. and John Sackett are or one of them the sole true and lawful owners * * that they or one of them is solely rightfully lawfully and abso lutely seized thereof, * * and that they have or one of them hath good right lawful and full power and authority in themselves or in one of them to grant bargain sell alien and convey the land and premises hereby granted.
JOHN COOK,
JAS. WILSON, Witnesses.
JOHN SACKETT RICHARD SACKETT, JUN. RICHARD SACKETT."
The receipt of Richard Sackett for 150 pounds, of the same date, is endorsed on the deed, and at the same date the Sackett grantors gave a bond to Smith of 600 pounds as guarantee of fulfillment. Smith gave a bond to Richard Sackett for forty-six pounds, eight shillings, as part payment of the one hundred and fifty pounds in this purchase. This original paper-an interesting relic of a printed form-I have. It reads, "Know All Men by these Presents, that I Johan tyse Smith of Stesint in Dutchess County and Province of New York yeoman am held and firmly bound unto Captain Richard Sackett of Dover in said County in the Sum of ninety-two Pound Eight Shilling Current Money of New York to be paid to the said Richard Sackett his certain Attorney, Executors, Administra- tors or Assigns. For the which Payment well and truly to be made and done I do bind me my Heirs, Executors, Administrators, and every one of them firmly by these Pre'ents. Sealedwith Seal. Dated the thirtyeth Day of October in the fifteenth year of His Majesty's Reign Annop; Dom. One Thousand seven Hundred and fourty one. The Condition of this Obligation is such, That if the above bounden Johan tyse Smith his Heirs Executors or Administrators do well and truly pay or cause to be paid unto the above named Richard Sackett or his certain Attorney, Executors Admin- istrators or Assigns the just and full Sum of forty Six Pounds Eight Shillings current Money aforesaid at or before the first Day of May now
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next ensuing, and that without Fraud, Cover or further Delay. Then this Obligation to be Void and of none Effect, or else to stand and remain in full Force and Virtue.
Sealed and delivered in the Prence of John Cook, Jas. Wilson."
December 11, 1741, "John Sackett by virtue of a power of Attorney from the within named Richard Sackett" assigned this paper to Charles Beekman and John David Woolf, who advanced the amount it called for. It seems queer now that such a conveyance should have been made, defining boundaries in an undivided tract of land. But its greater value is its historical facts. It informs us that Rip Van Dam, Peter Fauconier, Richard Sackett and Robert Lurting were the only surviving patentees, and George Clark who came in by purchase, in October, 1741. Another fact, the "Native Indians of said County, and there residing," and it is a very pleasing record, one that should place Richard Sackett in everlasting good remembrance-and also Johan Tise Smith, for he was one of "all' the persons to these presents," (see provisions of the deed above)-that he respected the claim of the Indian. These "Native Indians" were the Shacameco Indians of Moravian missionary annals, and Christian Henry Rauch, the first missionary to this tribe, had been here more than a year when the conveyance was made. The three hundred acres described in the bounds is in the form of a parallelogram, one mile long nearly east and west and 122 rods wide. The "Indian Wigwam" mentioned near the south west corner of the purchase was near the present dwelling on the Nancy Smith farm. The courses and distances from there include a portion of that farm, the Edward Huntting, the Dibble and the Deuel farms. The Shacameco village of converted Indians and their burying ground was on and near the boundary line between the Huntting and Smith farms above mentioned, southwesterly from the Moravian monu- ment. But Johan Tise Smith could not hold this tract and took other lands in substitute, which will be noticed further on.
CHAPTER IV.
LITTLE NINE PARTNERS-OUTLINE SURVEY BY CHARLES CLINTON.
In the spring of 1743 Charles Clinton, deputy colonial surveyor, made an "outline," or boundary survey of the Second, or Little Nine Partner tract, the journal or field notes of which is in Field Book No. 16, pp. 127- 177, in the office of the Secretary of State, Albany. This was done preparatory to his dividing the patent into "Lots," which he did the same year, but it was not filed in the county clerk's office until the next year- 1744-according to which the allotment or division of the several owners was made.
Richard Edsail had surveyed and made a map of the Great Nine Partner Patent in the spring of 1734, thus making a boundary line between the two Patents. This line (by his map) was recorded May 29, and thus became official so far as the Great Nine Partners were concerned. But for all this, some of the Great Partners were dissatisfied, and re- quested, or appointed. Jacobus Bruyn-better known as Brown-a few years later to run a boundary line. The north-west corner described by the patent was at the head waters of Fish Creek, and the surveyors differed in regard to the starting point of the survey. Brown's station was more southerly than Edsall's. Both ran due east, and Brown met the Oblong line a considerable distance south of Edsall's.
Jacobus TerBoss was the next surveyor-in 1740- to run a division line. He began at the same station where Edsall started from, and met the Oblong line very much north of the other two surveyors, and still later, in the spring of 1743, Mr. Clinton run a division line commencing south of Edsall's station, and his field notes tell how much each varied on reaching the Oblong line All the lines were to run due east. Clinton left his home Wednesday, April 27, 1743, and spent the night at Jno. Tenbrook's, in Po'keepsie. Thursday, 23, went to Mr. Ross's and engaged the men to assist in the survey. The next day he was sworn by Mr. Scott, a justice of the peace, after which Mr. Ross and several neighbors went with him to the head of Fish Creek. They found the lines of the other surveyors, but the difficulty scemed to be to find the head of the creek in the swamp, with its two branches. Monday, May 2, at night, Austin Creed and John Everson (of the Great Nines), having been previously sent for, came to help select a starting point. Tuesday, 3, Clinton and the two above proprietors in the Great Nines, looked the creek over up and down, and
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LITTLE NINE PARTNER GRANT.
about three o'clock in the afternoon John Sackett put in an appearance in behalf of himself and the other proprietors of the Little Nines. They finally settled upon a station at the south end of one of the Lots in the Beekman Patent, and run due east.
The end of the sixth mile is on the west brow of Stissing mountain, nearly west from Attlebury station, on the N., D. & C. R. R. Eighty rods further he came to the top, "a high Stony Hill good for little, the land to this is Indifferent Good." The east side "is poor pitch pine land," then met a swamp "excedingly Briarly," erossed "Whapings Creek which runs southerly." and twenty-eight rods beyond this is the end of the eighth mile, "at 662 chs. 50 L. parted from a swamp and crossed a Road. Here left off for the night and Lodged at Hannas Row's."
[NOTE .- This " Hannas Row " was the John Rau, the friend of the Moravians, " who lived in the neighborhood " of the Indian village at Shacameco, when Christian Henry Ranch first came in 1740. This rec- ord confirms a tradition that he lived at the time of the mission from 1740 to 1746, in the "old long house "-long since gone-on the south part of the "Steger farm," now owned by Smith Sackett. It is about a mile from the place where Clinton crossed the road, that runs from Pine Plains to Po'keepsie, that Thursday night, May 5th, 1743. This was at the time of the greatest prosperity of the mission, and with which this Ran family was connected. It was in the immediate neighborhood of the mission and the Indian village. This record of Charles Clinton agrees perfectly with the Moravian historian and proves the tradition correct as to the residence of John Rau. He moved from here later and settled near Amenia Union, where he deceased. ]
The next morning he wrote two letters; one to Mr. Alexander, a proprietor in the Little Nines, and the other to Mr. Livingston, at Aneram, in regard to running the Manor line. The ninth mile is on the west side of the ridge south from Mulford Conklin's. "The land is well timbered with chestnut and black oak." The half mile post beyond that is on the east brow of Huntting Hill, a little way north-easterly from the summit. The tenth mile is a short distance north-easterly from the MeCarty dwelling, twenty-four rods west of the brook, and the eleventh mile is on "Barren Land," on the western summit of Fish mountain. "At 902 chains went down a very steep hill" (east side of Fish mountain), then "crossed a Brook it runs north " ( Shacameco ), and continuing east the line erosses the present road near the residence of Mrs. Isaac Bryan. At thirteen miles and 124 rods "erossed a Path from Sharon to the Hudson's River," and fifteen miles and one hundred and twelve rods set a stake and heap of stones in the line of the Oblong in the eleared field of Balter Slate. This was Saturday night, May ?, and Clinton went to Sharon and remained until Monday, the 9th.
The Oblong line runs north 12 degrees east, and Jacobus Brown's line intersects it 120 rods and 85 links north of Clinton's. Two hundred rods
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HISTORY OF PINE PLAINS.
85 links north of Brown's is Richard Edsall's, and 168 rods and 30 links north of Edsall's line is the line of Judge TerBoss. The four surveyors commenced at nearly the same station on Fish Creek, all running due east, but differed greatly upon reaching the Oblong line. Clinton's was . the most southerly and Judge TerBoss's the most northerly, the difference between the two being one mile and 170 rods, ten rods over a mile and a half. The difference in the lines of Jacobus TerBoss and Robert Edsall was the origin of "The Gore "-a wedge shaped strip between the Great and Little Nines-which was brought into being by the special survey of Judge TerBoss for that purpose. In this regard his extreme variation north is significant, and Clinton deals in a little sly sarcasın in his refer- ence to this north line. This is what he wrote in his minutes: "TerBoss and Edsall both began at one station, which I have before described, and how TerBoss fell 42 chains 30 links to the northward of Adsell (Edsall) and very much to the northward of all the East Lines run, which I suppose is occasioned by some Great Error in his instrument. Mr. Brown's line and mine Differ least of any run there." The italics are mine. The "one sta- tion " was at Fish Creek, the west end of the line.
Mr. Clinton run north on the Oblong line to meet the Livingston Manor line. At one mile and a half and 108 rods he came to the road to Salisbury. At one mile and three-quarters and fifty rods he "came to a Brook at Frederick Cline's smith shop" ( near Irondale ), which was north of Mr. Livingston's random Manor Line, which had been recently run. Mr. Clinton at this time was to run the true line between the Little Nine's and the Livingston Manor, so upon reaching this random line of Livings- ton. he went no further. A shower came up and he went into Cline's house to avoid the rain, after which he started for the south bend of the Roloef Jansen. He went as far as Hendrick Hoespell's, a German doctor, then living in the present Myron Hamblin neighborhood, and there spent the night. This was Monday, May 9, 1743.
Clinton was employed jointly by the Little Nines and Mr. Livingston in running the line between them at this time. While it formed a part of the outline survey of the Little Nines, it also was the boundary line for Livingston. Their lands joined. Mr. Livingston had a "random" line run not long before, but it was never corrected. Clinton was now to rum the true line, and to do this he run first a random line, as he calls it, from the south bend of the Roloef Jansen to the east bounds of the Little Nines and on to the end of the Livingston patent. It was for this purpose that he left Frederick Cline's for the Roloef Jansen, and remained all night at the German doctor's.
Tuesday, May 10, he wrote to Mr. Livingston that he was waiting for his surveyor to assist in running the Manor line, and then went to the south bend of the Roloef Jansen and lodged at Johannes Jacob Melius's, where Livingston had promised to send him some papers relating to the
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LITTLE NINE PARTNER GRANT.
Manor Line. No papers came. John Saekett, son of Richard Sackett, the patentee, was there in behalf of himself and others, owners of the Little Nine Partners. Mr. Clinton's assistants in this survey were Peter Bower, John Crossman, Frederick Wisser, Robert Langley and Isaiah Ross.
[NOTE .- This Isaiah Ross was probably of the family of Capt. Thomas Ross, called "Baron Ross," who lies buried at Mount Ross. Isaiah Ross was one of the assignees of Roger Mompesson, a patentee in the Little Nines. ]
Mr. Melius, who lived 36 rods north-westerly from the south bend of the Kill, directed Clinton to the place where Philip Livingston commenced his random line. (The south bend of Roloef Jansen is about a half-mile S. E. from Mount Ross). Before running east, he ran down the Kill a short distance to get Livingston's course, which he found to be near south- east and east. Meanwhile John Sackett, who had gone to Ancram furnace to see Livingston, returned with a letter from Livingston that his surveyor could not come before Tuesday of next week, but Mr. Clinton might go on with his random line. Wednesday, the 12th, Clinton wrote to Livingston that he would run his line, but would expect his surveyor would assist in running the true line.
[NOTE .- The notes of this preliminary line are of interest, giving distance and description of land and places. He corrected the line afterward, locating it north of this random line, where it is now. ]
At 120 rods from starting point, "crossed the path from Sharon to the Hudson's River." At one mile and three-quarters and 12 rods came to the east bank of the Shacameco. Twenty-eight rods further entered an "excellent swamp, considerable part of it on the south side of the brook." At 832 rods-a little over two and a half miles-he crossed the Shaeameco south of Hoffman's mill. There was no mill there then, but eight rods north of where he crossed the stream, he writes, " it has a fall in it fit for a mill and has high banks on each side, a fit place to make a mill." At four miles on the course he came to the house of Thomas Harvey, who had a cleared field. He lodged there. This was near the formerly Henry Hiserodt or Shultz place. This line was south of that pond and near it. Friday, the 13th, continued the course over ridge land with red and black oak and hiekory saplings, and at six and a half miles entered the "cleared field of Peter Silvernagle." A chestnut tree on a bushy ridge without timber is marked for the eighth mile, and a half a mile and sixteen rods beyond that "crossed the road from Salisbury to Aneram on which Livingston carts his ore" for his furnace. Here the land is not very well timbered. About nine and a half miles he was 32 rods north of Frederick Cline's, and 8 rods, 15 links east of the Oblong line.
This was the end of the Little Nine Partner lands, but Livingston's patent called for lands on a line four miles further easterly, at two points called Sakaqua and Acwaisik (Aquasick), a large rock m Annowawiek. (Livingston's patent says Nakawawick). He had sent Mr. Ross on to find
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HISTORY OF PINE PLAINS.
some Indians who could show him these places, and awaited his return. Ross soon came with two Indians who knew the places, but Clinton could not get the course from what they said, so was obliged to go to the places himself. He therefore left his line and went to Salisbury and spent the night at the house of Thomas Bayless or Bayle.
Saturday, the 14th, the two Indians, Cabrickset and Tasawight, conducted him to the place Sakaqua, and showed him a large pitch pine tree, "now dead," marked by a chip out of the east and west sides, stand- ing in a cleared field of Thomas Bayless. The Indians said this tree was marked by Justin Vosburg, 28 years ago-1715-by the direction of Mr. Livingston, who was then present. Cornelius Knickerbocker and Thomas Lamb were the interpreters for Mr. Clinton and these Indians.
The course from this tree to Acquasik, the big rock, was south 49 degrees west, distance 146 chains, 33 links-nearly two miles. These two eastern corners are between Ore Hill and Lakeville, and the lines had been run in October, 1714, by John Beatty, deputy surveyor, at which time the first Robert Livingston (patentee) was probably present, and had the trees marked according to the statement of these Indians. Mr. Clinton run from the big rock to his line, where he left it at the Oblong line. In doing so he run north-westerly nearly three miles and a half, then south-wester- ly three-quarters of a mile and came to the line. From the south bend of the Roloef Jansen to the east end of the line, by this "random line" of Clinton's it is about thirteen miles and three-quarters. Mr. Beatty, in 1714, made it the same. Mr. Clinton's course on this line was south 68 degrees east to the Oblong line. Tuesday, 17, Clinton returned to the south bend of the Roloef Jansen and commenced the line of the Livings- ton lands westerly to the river.
He was engaged in this survey until Monday, November 7, 1743, when he prepared to correct his Livingston "random " line. Peter Bower and James Jackson were chain bearers, Frederick Haven marker, and John Hopkins baggage man. They left the south bend of the Roloef Jansen for for Nackawawick, the east end of the Livingston line, and spent the night at Cornelius Knickerbacker's, who lived in that neighbor- hood. The next morning-Tuesday, Nov. 8,-Clinton sent for Thomas Lamb, who, he writes, " was the first mhabitant at Anawawick after the Indians," and he and Mr. Knickerbacker showed him the Indian bounds of Nackawawick Clinton took the south-east corner of this Indian land for his station-Acwaisick, the big rock, was just out of the bounds-and run north 72 degrees west. At 48 rods he " crossed the road to Witauck." At two and a quarter miles came to "the south end of Tishasinks Mountain on a Rocky point,"-near the late Major Woodworth's. About three miles and a half from beginning came to a pond "opposite to an island in it." and at four and a half miles and twenty rods came to a
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LITTLE NINE PARTNER GRANT.
beaver's dam near the south end of a wild meadow-a short distance north of Irondale. A snowstorm set in and they left off until the next morning.
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