USA > New York > Livingston County > History of Livingston County, New York, from its earliest traditions to the present together with early town sketches > Part 100
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123
For this Land Phelps agreed to pay us $10,000 in Hand, and $1,000 a Year for- ever.
He paid u1- $2,500 in Hand, Part of the $10,000, and lie sent us to come last Spring to receive our Money ; but instead of paying u- the Remainder of the $10,000 and the $1,000 due for the first Year, lie offered us no more than $500, and insisted that he agreed with us for that sum to be paid yearly. We debated with him for six Days, during all of which Time he persisted in refusing to pay us our ju-t 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 ns. The last Reason he assigned for continuing to refuse paying u-, 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 press through every Difficulty and lift up our Voice that you might hear u-, and to claim that Security in the Possession of our Lands which your Com- missioners so solemnly promi-ed us. And we now entreat you to enquire into our Complaints and redress our Wrong -.
Father. Our Writing- were lodged in the Hand- of Street of Niagara, as we supposed him to be our Friend : but when we saw Phelp- consulting with Street on every Occasion, we doubted of hi- Honesty towards ns, and we have since heard that he was to receive for hi- Endeavor- to deceive us, a Piece of Land ten Miles in width West of the Genesee River and nearly forty Miles in length, extending to Lake Ontario, and the Lines of this Tract have been ruu accordingly, although
xxviii
HISTORY OF LIVINGSTON COUNTY
no l'art of it is within the Bounds which limit his Purchase. No doubt he meant to deceive ns.
Father. You have said we are in your Hand and that by closing it you would crush us to nothing. Are you determined to crush us? If so tell u- 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, lia- said he will retire to the Chateaugay, eat of the fatal Root and sleep with hi- Fatliers, in Peace.
Before you determine on a Measure so unjust, look up to God who made us as well as you. We hope he will not permit you to destroy the whole of our Nation.
Father. Hear our Case : Many Nations inhabited this Country, but they had no Wisdom, and, therefore, they warred together. The Six Nations were powerful, and compelled them to Peace ; the Lands, for a great Extent, were given up to them ; but the Nations which were not destroyed, all continued on those Lands, and claimed the Protection of the Six Nations as the Brothers of their Fathers. They were Men, and when at Peace had a Right to live upon the Earth. The French came among us and built Niagara; they became our Fathers and took Care of us. Sir Win. Johnson came and took that Fort from the French; he became our Father, and promised to take Care of us, and did so until you were too -trong for his King. To him we gave four Miles around Niagara as a l'lace of Trade. We have already said how we came to join against you ; we saw that we were wrong ; we wished for Peace ; you demanded a great Country to be given up to you ; it was surrendered to you as the Price of Peace, and we ought to have Peace and Possession of the little Land which you then left us.
Father. When that great Country was given up, there were but few Chiefs present, and they were compelled to give it up, and it is not the Six Nations only that reproach those Chiefs that have given up that Country. The Chippewas and all those Nations who live on those Lands Westward, call to us and ask us, Brothers of our Fathers, where is the Place you have reserved for us to lie down upon?
Father. You have compelled us to do that which has made us ashamed. We have nothing to an-wer to the Children of the Brothers of our Fathers. When last Spring they called upon us to go to War to secure them a Bed to lie upon, the Senecas entreated them to be Quiet till we had spoken to you. But on our Way down we heard that your Army had gone toward- the Country which those Nations inhabit, and if they meet together the best Blood on both Sides will stain the Ground.
Father. We will not conceal from you that the Great God and not Men has preserved the Corn Planter from the Hands of his own Nation. For they ask con- tinually, Where is the Land which our Children and their Children after them are to lie down upon? You told us, say they, that the Line drawn from Pennsylvania to Lake Ontario would mark it forever on the East, and the Line running from Beaver Creek to l'ennsylvania would mark it on the West, and we see that it is not so, for first one and then another come and take it away by Order of that
APPENDIX
xxix
People which you tell us promised to secure it to us. He is silent, for he has nothing to answer.
When the Sun goes down, he opens his Heart before God, and earlier than that Sun appears again upon the Hills, he gives Thanks for his Protection during the Night; for he feels, that among Men, become desperate by their Danger, it is God only that can preserve him. He loves Peace, and all he had in Store he has given to those who have been robbed by your People, lest they should plunder the Innocent to repay themselves. The whole Season which others have employed in providing for their Families, he has spent in his endeavors to preserve Peace, and at this Moment his Wife and Children are lying on the Ground and in Want of Food; his heart is in Pain for them, but he perceives that the Great God will try his Firmness in doing what is right.
Father. The Game which the Great Spirit sent into our Country for us to eat is going from among us. We thought that he intended that we should till the Ground with the Plow, as the White People do, and we talked to one another about it. But before we speak to you concerning this, we must know from you whether you mean to leave us and our Children any Land to till. Speak plainly to nis concerning this great Business.
All the Lands we have been speaking of belong to the Six Nations. No Part of it ever belonged to the King of England, and he could not give it to you. The Land we live on our Fathers received from God and they transmitted it to u- for our Children, and we cannot part with it.
Father. We told yon we would open our Hearts to you. Hear ns once more.
At Fort Stanwix we agreed to deliver up those of our People who should do you any Wrong, that you might try them and punish them according to your Law. We delivered up two Men accordingly, but instead of trying them according to your Law, the lowest of your People took them from your Magistrate and put them immediately to Death. It is just to punish Marder with Death, but the Senecas will not deliver up their People to Men who disregard the Treaties of their own Nation.
Father. Innocent Meu of our Nation are killed one after another, and of our best Families ; but none of your People who have committed the Murder have been punished.
We recollect that you did not promise to punish those who killed our People, and we now ask: Was it intended that your People should kill the Senecas, and not only remain unpunished by you but be protected against the Revenge of the next of Kin?
Father. These are to us very great Things. We know that you are very Strong. and we have heard that you are Wise, and we wait to hear your Answer to what we have said, that we may know that you are Just.
Signed at Philadelphia, Dec. / CORN PLANTER,
1, 1790, in Presence of
HALF TOWN,
Joseph Nicholson, Interpreter.
GREAT TREE.
Ty. MATLACK.
HISTORY OF LIVINGSTON COUNTY
The Reply of the President of the United State- to the Speech of Corn Planter, Half Town and Great Tree. Chiefs and Councillors of the Seneca Nation of Indians. I. the President of the United States, by my own Mouth, and by a written Speech signed by my own Hand and sealed with the Seal of the United State-, speak to the Seneca Nation and de-ire their Attention, and that they would keep this Speech in Remembrance of the Friendship of the United States.
I have received your Speech with Satisfaction, a- a Proof of your Confidence in the Justice of the United States and I have attentively examined the several Objects vou have laid before me, whether delivered by your own Chiefs at Tiog. Point in the last Month to Colonel Pickering, or laid before me in the pre-ent Month by the Corn Planter and other Seneca Chiefs now in this City.
In the first Place I observe to you, and request it may -ink deep into your Minds, that it is my Desire and the Desire of the United States, that all the Miseries of the late War should be forgotten and buried forever. That in future, the United State- and the Six Nations should be truly Brothers, promoting each other's Prosperity by Act, of mutual Friendship and Justice.
I am not uninformed that the Six Nations have been led into some Difficulties with respect to the sale of their Lands since the Peace. But I minst inform you that these Evils aro-e before the present Government of the United States wa- established, and when the separate States and Individuals under their Authority, undertook to treat with the Indian Tribes respecting the Sale of their Land -. But the Case is now entirely altered. The General Government only has the Power to treat with the Indian Nations, and any Treaty formed and held without it- Authority will not be binding.
Here, then, is the Security for the Remainder of your Lands. No State, nor Person, can purchase your Land-, unle -- at a general Treaty, held under the Authority of the United States. The General Government will never consent to your being defrauded, but it will protect you in all your just Rights.
Hear well, and let it be heard well by every l'er-on in your Nation, that the President of the United States declares that the General Government considers itself bound to protect you in all the Lands secured to you by the Treaty of Fort Stanwix. the 22d of October, 1784, excepting such Parts as you may since fairly have sold to Person- properly authorized to purchase of you. You complain that John Livingston and Oliver Phelps, assisted by Mr. Street of Niagara, have obtained your Land-, and that they have not complied with their Agreement. It appears upon Inquiry of the Governor of New York that John Livingston was not legally authorized to treat with you, and that everything that he did with you has been declared Null and Void, so that you may re-t Easy on that Account. But it does not appear from any Proofs yet in possession of Government that Oliver Phelps has defrauded you. If however you have any Cause of Complaint again-t him, and can make satisfactory Proof thereof, the Federal Courts will be open to you for Redress as to all other Persons. But your great Object seems to be the Security of your remaining Land -: that, therefore, the Sale of your hands in future will depend entirely upon your-elves. But that when you may find it your Interest to sell any Part of your Land-, the United State- must be pre-ent by their
APPENDIX
Agent and will be your Security that you shall not be defrauded in the Bargain you may make.
It will however be important that before you make any further Sales of your Lands you should determine among yourselves who are the Persons among you who shall give such Conveyance- thereof as shall be binding upon your Nation, and forever prevent all Disputes relative to the Validity of the Sale.
That besides the before mentioned Security for your Land, you will perceive by the Law of Congre-s for regulating Trade and Intercourse with the Indian Tribes, the fatherly Care the United States intend to take of the Indians. For the par- ticular Meaning of this Law, I refer you to the Explanations given thereof by Col. Timothy Pickering at Tioga, which with the Law are herewith delivered to you.
You have said in your Speech that the Game is going away from among you, and that you thought it the Design of the Great Spirit that you should till the Ground, but before you speak on that Subjeet you want to know whether the Union means to leave you any Land to till. You now know that all the Lands secured to you by the Treaty of Fort Stanwix, excepting snch Parts as you may since have fairly sold, are yours, and that only your own Acts can convey them away. Speak, therefore, your Wishes on the Subject of tilling the Ground. The United States will be happy in affording you Assistance in the only Business which will add to your Numbers and Happiness. The Murders that have been committed upon some of your People by the bad White Men I sincerely lament and reprobate, and I earnestly hope that the real Murderers will be secured and punished as they deserve. This Business has been sufficiently explained to sou here, by the Governor of Pennsylvania, and by Colonel Pickering on Behalf of the United States at Tioga. The Senecas may be assured that the Rewards offered for apprehending the Murderer- will be continued until they are secured lor trial, and that when they shall be appreliended they will be tried and punished as if they had killed White Men.
Having answered the most material Parts of your Speech, I shall inform you that some bad Indians and the Outcasts of several Tribes who reside at the Miami Village, have long continued their Murders and Depredations along the Frontier- lying along the Ohio. That they have not only refused to listen to my Voice inviting them to Peace, but that upon receiving it they renewed their Incursions and Murders with greater Violence than ever. I have therefore been obliged to strike these bad People in order to make them sensible of their Madness. I hope they will hearken to Reason and not require to be further chastised. The United States desire to be the Friends of the Indians upon Terms of Justice and Humanity; but they will not suffer the Depredations of the bad Indians to go unpunished. My desire is that you would caution all the Senecas and Six Nations to prevent their young Men from joining these Miami Indians, for the United States cannot distinguish the Tribes to which bad Indians belong, and every Tribe must take care of their own People. The Merits of the Corn Planter, and his Friendship of the United States, are well known to me, and shall not be forgotten : and as a Mark of the E-teem of the United States, I have directed the Secretary of
HISTORY OF LIVINGSTON COUNTY
War to make him a Present of - Dollars either in Money or Good- as the Corn Planter shall like best; and he may depend upon the future Care and Kind- ness of the United States ; and I have also directed the Secretary of War to make suitable Presents to the other Chiefs in Philadelphia, and al-o that some further Tokens of Friendship be forwarded to the other Chiefs now in their Nation.
Remember my Words, Senecas! Continue to be strong in your Friendship for the United States as the only rational Ground of your future Happiness, and you may rely upon their future kindness and Protection. An Agent shall soon be appointed to reside in some Place convenient to the Senecas and the Six Nation -. He will represent the United States. Apply to him on all Occasions. If any Man bring you evil Reports of the Intentions of the United States, mark that Man as your enemy ; for he will mean to deceive you and lead yon into Trouble. The United States will be True and Faithful to their Engagements.
(L. S. )
Given under my Hand and the Seal of the United States this 29tlı day of December, 1790 and in the 15th Year of the Sovereignty and Independence of the United States.
Geo. Washington.
By the President. Tlı. Jefferson.
By Command of the President of the United States.
H. Knox, Sec. for the Dep. War. 1
APPENDIX NO. IX. .
AN ACCOUNT OF THE SURVEY MADE BY MAJOR HOOPS OF THE MORRIS PURCHASE.
Soon after Mr. Morris made his purchase of Phelp- and Gorham he employed Major Hoops who, it will be remembered, accompanied General Sullivan in his Expedition to the Genesee country, to conduct a survey of the tract. An agree- ment was made between him and Phelps and Gorham contemporaneously with the conveyance, by which he was obligated to pay them for the quantity of land the tract should be found to coutain in excess of one million acres, and Morris in his deed stipulated with the English association for an accurate survey of the purchase. Major Hoops early discovered, what had been suspected, a substantial error in running the pre-emption line. The cession to Massachusetts included all the territory in the State of New York west of a line due north and south from the eighty-second mile stone on the Pennsylvania border. A line had been run by surveyors representing Phelps and Gorham and the grantees of a patent from the State of New York, Colonel Maxwell being selected by Phelps and Gorham, the result of which had been disappointing to the latter as it placed the line a con- siderable distance west of Seneca lake; the line thus established is known as the "Old Pre-emption Line." The survey under the supervision of Hoops was made by Mr. Ellicott and Judge Porter, with such care that the location of the true pre-emption line by them was never questioned. "In examining the old survey,
1. From Hongh's Indian Treaties.
APPENDIX
xxxiii
Major Hoops had discovered the precise points of deviation to the westward. It liad commenced soon after leaving the Pennsylvania line, gradually bearing off until it crossed the outlet of Crooked lake, where an abrupt offset was made, and then an inclination for a few miles, almost in a northwest course ; then as if fear- ful that it was running west farther than was necessary to secure a given object the line was made to incline to the east until it passed the foot of Seneca lake, when it was run nearly north and south to Lake Ontario three miles west of Sodus Bay. The new line terminated very near the center of the Bay. The strip of land between the two lines was called the 'Gore!' Judge Porter's explanation of the palpable fraud was as follows: 'Geneva was then a small settlement beautifully situated on Seneca lake, rendered quite attractive by its lying beside an old Indian settlement in which there was an orchard.' "# The land included in the "Gore" was discovered by the survey to contain nearly $5,000 acres. This actually belonged to Charles Williamson, the representative of the Pulteney associates.
The following is a copy of the "Return of Survey" of the whole Phelps and Gorham purchase made by Major Hoops, together with an acknowledgment by Phelps and Gorham of the adjustment by Morris for the excess of lard :
Contents of sundry surveys made in the years 1791 and 1792, in the County of Ontario and State of New York.
First, Contents of a tract of land westward of the Genesee river, beginning on the west bank of said river at a stake bearing north twenty-four degrees, thirty minutes west, and distant eight links from a white maple blazed and having three notclies on the sides next the stake, being in a parallel of latitude two miles nortlı of Kanawageras village and bounded as follows: Eastward by that part of the river which is between the place of beginning above mentioned and the river's mouth ; Northward by part of the south shore of Lake Ontario; Northwestward by a line parallel to the general course of the river, where the river is the boundary to the eastward, and south by a line extending from the river twelve miles west on the first mentioned parallel of latitude excepting certain tracts sold by Messrs. Gor- ham and Phelps, previous to their sale to Robert Morris, Esq., viz: the tract marked in a former survey A No. I, sold to Israel Chapin and Samuel Street; the tract marked in a former survey C No. I, sold to Ebenezer Hunt and others. and five equal. undivided eiglithi parts of the tract marked in said former survey C No. 2. on the shore of Lake Ontario, sold to Smith Jones and others.
Contents.
Deduct an arm of Braddoc's Bay.
Acres. R. P. 38 57 0 37
Contents of the township marked in a former survey C No. 2- 25, 156 "2 " 2634
Deduct Braddoc's Bay 936 " 2" 23' 4 ponds east of said Bay 1620 "o"o. 2.556 " 2 " 23 8)22,600 "o " 334
114,800 " 2 " I
2,8250 "0 "ox3=
8,475 " -
Contents of a tract south of Chapin and Street's Township ......
399 ' '' 2
Total
123,674 " 3 " 3
*Turuer's Phelps aud Gorham Purchase. p. 247.
114, 857 “
HISTORY OF LIVINGSTON COUNTY
The general survey of the above tract was made by Frederick Saxton, Adam Hoops, John Adlum and Augustus Porter, and calculated by Frederick Saxton and Adam Hoops. It did not close, probably from the difference of the magnetic variation between the observations, which the obscurity of the weather prevented being made so frequently as could have been wished on the traverse of the river and lake. The error that might have resulted was about thirty-three acres (not more) and probably not near so much. It was therefore rejected, being incon-id- erable with regard to the number of courses and extent of the survey.
A. The field notes are contained in the enclosure marked No. I, West Genesee.
B. 2d, Contents of sundry townships surveyed by Augustus Porter as per his returns in the enclosure marked No. 2 Augustus Porter's return ..
131,499 " 2 " 29
Note, the field notes of township No. 12, 7th range are in No. I West Genesee.
C. 3d, Contents of sundry townships surveyed by Frederick Saxton as per his general statement in an enclosure marked No. 3, Contents, &c.
202,956 " 3 " 31
D. 4th, Contents of sundry townships surveyed by Thomas Davis and Robert James as per their field books 5th Contents of sundry tracts between a line formerly run as the Massachusetts pre-emption line and the true pre-emption line run by Messrs. Armstrong, Ellicott, and Saxton as per enclosure marked No. 4.
722,499 "0 " 26
E. Contents, &c ..
84,896 " 3 " 5 Note. The offsets were made by Morgan Jones, Augustus Porter, and Frederick Saxton.
6th, Contents of township No. 1 : Ist range, eastern bound- ary, part of the line formerly run for the pre-emption line: North boundary re-surveyed by Morgan Jones and calculated by Adam Hoops, and Frederick Saxton ....
25,288 "2 '' 26
See Morgan Jones' notes in an enclosure marked No. 4 .-
Contents of West Genesee ..
123,674
Contents of Augustus Porter's survey.
131,499
2 29
Contents of Frederick Saxton's survey
202,956
3 31
Contents of Thomas Davis and Robert James' survey
722,499
26
Contents of sundry tracts bounding on pre-emption line.
84, 896 '' 3
5
Contents of township No. 1, Ist range.
25,288 2 " 26
Total
1,290,816 " o " 0
Deduct.
From township No. 6, 4th range sold to Jolin Stone and others ..
From township No. 12, 7th range, sold to Ezel Scott
From township No. 7, 7th range, sold to S. Kirkland
2,000 " o " 0
From the 6th range, sold to E. H. Robins, Esq. 12,500 " 0 " 0
Mr. Porter, who surveyed township No. 13, 2d range, having been misled by the mistake of a former survey included part of No. 12 of the same range, but having noted the northeast
8,720 40 " 0
900 " 60 " 0
3
16
APPENDIX
corner of No. 12 has furnished the means of calculating the error which is 1,8SI " 2 " 30 From township No. 3, 3d range, I lake and part of another 245 "0 " 0
Total
26,246 " 2 " 30 1,264,569 " 1 " 10
The above are the contents of sundry townships and tracts of land in the County of Ontario and State of New York, sold by Messrs. Gorham and Phelps to the Honorable Robert Morris, Esq.
The several surveys were made by the persons whose names are hiereinbefore mentioned, and their field books and notes, reference being had thereto as directed in the margin at A, B, C, D, E, will show the surveys of the particular townships and tracts.
Returned at Philadelphia in the State of Pennsylvania this 4th day of February, Anno Domini, 1793.
The contents being as above written in figures one million, two hundred and sixty-four thousand, five hundred, and sixty-nine acres, one rod, and ten perches.
A true copy singed A. Hoops, surveyor.
Compared with the original Philadelphia, 16th Feb., 1793. )
Robert Morris having by the articles of agreement between him and Messrs. Phelps and Gorham of the 18th of November, 1790, agreed to pay them for the surplus which the lands they had then conveyed to him should be found to con- tain beyond one million of acres, and it appearing from the surveys within speci- fied, that the said surplus doth amount to two hundred and ninety thousand, eight hundred and sixteen acres, from which the deductions within specified, amounting to twenty-six thousand, two hundred and forty-six acres, two roods, and thirty perches being made, leaves a residue of two hundred and sixty-four thousand, five hundred and sixty-nine acres, one rood and ten perches to which being added three thousand acres as the amount finally agreed on, between the parties of a tract on the west side of Sodus Bay and not included in the within surveys, the said surplus quantity of land to be paid for by the said Robert Morris will be two hundred and sixty-seven thousand, five hundred and sixty-nine acres, two roods and thirty perches, which at eight pence half penny Massachusetts cur- rency per acre amounts to nine thousand, four hundred and seventy-six pounds, eight shillings, and which said sum of £9,476 " 8 " o, Messrs. Gorliam and Phelps do acknoweldge to have received from Mr. Morris, and the articles of agreement between them have been accordingly cancelled by the consent of the parties, and also with the consent of Mr. Chas. Williamson to whom Mr. Morris hath since conveyed the lands, and who to show his privity to these matters, hatli together with the said parties hereunto subscribed his name.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.